QUERY v. STATE

No. AX-295.

455 So.2d 554 (1984)

James Ernest QUERY, a/K/a Angelo Costa, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 2, 1984.


Attorney(s) appearing for the Case

Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for appellant.

John Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

In this appeal from concurrent five-year sentences imposed for possession of cocaine and bail bond jumping, appellant contends that the trial court erred in refusing to honor his election to be sentenced under the sentencing guidelines, Rule 3.701, Fla. R.Crim.P. We agree that appellant was entitled to be sentenced under the guidelines, and reverse and remand for resentencing.

On September 28, 1982, appellant entered a plea of nolo contendere...

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