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Loyola v. State

District Court of Appeal of Florida, Second District
Jun 28, 1985
471 So. 2d 221 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2078.

June 28, 1985.

Appeal from the Circuit Court for Hillsborough County; J. Rogers Padgett, Judge.

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


Defendant, who was sentenced under the sentencing guidelines, contends on appeal that the offense occurred before October 1, 1983, and that he did not affirmatively elect guidelines sentencing. Since the record is unclear as to whether or not defendant elected to be sentenced under the guidelines, we remand for another sentencing hearing. See Jordan v. State, 460 So.2d 477 (Fla. 2d DCA 1984).

CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.


Summaries of

Loyola v. State

District Court of Appeal of Florida, Second District
Jun 28, 1985
471 So. 2d 221 (Fla. Dist. Ct. App. 1985)
Case details for

Loyola v. State

Case Details

Full title:ANDY LOYOLA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 28, 1985

Citations

471 So. 2d 221 (Fla. Dist. Ct. App. 1985)