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.