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Randi v. State

District Court of Appeal of Florida, Fifth District
Feb 23, 1989
538 So. 2d 976 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-862.

February 23, 1989.

Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.

Robert Julian Randi, Sneads, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant correctly contends that the three year sentence of incarceration for the crime of grand theft committed September 25, 1981 should not have been a guidelines sentence because he did not affirmatively select to be sentenced under the guidelines. On the contrary, the record affirmatively shows that appellant rejected a guidelines sentence. Therefore, appellant's motion to correct illegal sentence should have been granted to reflect that his sentence was a non-guidelines sentence, and the order appealed from is modified to that extent. Except as so modified, the order denying relief is

AFFIRMED.

DAUKSCH, ORFINGER and GOSHORN, JJ., concur.


Summaries of

Randi v. State

District Court of Appeal of Florida, Fifth District
Feb 23, 1989
538 So. 2d 976 (Fla. Dist. Ct. App. 1989)
Case details for

Randi v. State

Case Details

Full title:ROBERT JULIAN RANDI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 23, 1989

Citations

538 So. 2d 976 (Fla. Dist. Ct. App. 1989)

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