From Casetext: Smarter Legal Research

Traver v. State

District Court of Appeal of Florida, Second District
Jun 25, 1986
489 So. 2d 1248 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1326.

June 25, 1986.

Appeal from the Circuit Court for Hillsborough County; Manuel Menendez, Jr., Judge.

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

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


On June 6, 1985, in proceedings below, the trial court revoked appellant's probation and imposed sentence for a crime committed prior to October 1, 1983, the effective date of the sentencing guidelines. In this appeal, appellant urges us to reverse on grounds that he was sentenced under the guidelines without the benefit of an affirmative selection. Since it appears appellant did not affirmatively elect to be sentenced under the guidelines, we hereby correct the record to reflect that he received a non-guidelines sentence. See, e.g., Frazier v. State, 473 So.2d 44 (Fla. 2d DCA 1985); Heathcoat v. State, 463 So.2d 449 (Fla. 2d DCA 1985).

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


Summaries of

Traver v. State

District Court of Appeal of Florida, Second District
Jun 25, 1986
489 So. 2d 1248 (Fla. Dist. Ct. App. 1986)
Case details for

Traver v. State

Case Details

Full title:BRIAN CODY TRAVER, APPELLANT, v. STATE OF FLORIDA APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 25, 1986

Citations

489 So. 2d 1248 (Fla. Dist. Ct. App. 1986)