Baker v. State

Full title: RAYMOND BAKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 30, 1995

659 So. 2d 713 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1643.

August 30, 1995.

Appeal from the Circuit Court, Broward County, Robert W. Tyson, Jr., J.

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm Appellant's conviction but reverse for resentencing and direct that Appellant be permitted to elect to be sentenced under the sentencing guidelines effective 1983. See State v. Pentaude, 500 So.2d 526 (Fla. 1987); Anderson v. State, 550 So.2d 488 (Fla. 4th DCA 1989).

We note that Appellant was convicted under section 782.04(2), Florida Statutes, and not under section 775.082(3)(a), Florida Statutes, and therefore is not excepted from section 921.001, Florida Statutes. See Dunn v. State, 522 So.2d 41 (Fla. 5th DCA 1988).

GLICKSTEIN, STONE and WARNER, JJ., concur.