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Shultz v. State

District Court of Appeal of Florida, Second District
Sep 26, 1990
567 So. 2d 48 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-03476.

September 26, 1990.

Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's convictions for five separate drug-related offenses, as well as the concurrent five-year sentences imposed after he was found guilty of violating probation. However, we remand for correction of the written sentencing forms to reflect that this is not a guideline sentence. The offenses for which appellant was charged took place prior to the effective date of sentencing guidelines, and the record contains no evidence that appellant affirmatively requested a guideline sentence. See, e.g., Jackson v. State, 478 So.2d 515 (Fla.2d DCA 1985).

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Shultz v. State

District Court of Appeal of Florida, Second District
Sep 26, 1990
567 So. 2d 48 (Fla. Dist. Ct. App. 1990)
Case details for

Shultz v. State

Case Details

Full title:STEVEN SHULTZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 26, 1990

Citations

567 So. 2d 48 (Fla. Dist. Ct. App. 1990)