Diaz v. State

Full title: ALBERTO DIAZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 14, 1986

487 So. 2d 1225 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-43.

May 14, 1986.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, Bartow, and Karla Foreman Wright, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant's sentence is affirmed. Although a sentencing guidelines scoresheet and a written memorandum setting forth reasons for departure appear in the record, appellant's sentence is not a guidelines sentence because the offense was committed prior to October 1, 1983, and appellant did not affirmatively select to be sentenced under the guidelines. See Johnson v. State, 486 So.2d 632 (Fla. 2d DCA 1986).

GRIMES, A.C.J., and SCHEB and SANDERLIN, JJ., concur.