CARROLL v. STATE

No. 84-202.

454 So.2d 791 (1984)

Clifford W. CARROLL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 30, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant pleaded guilty to violation of probation, and elected to be sentenced under the new sentencing guidelines. The trial court rejected this request because the crime for which appellant had originally been placed on probation had occurred prior to the effective date of the guidelines. We remand for resentencing.

The State's contention that appellant may not appeal because he pleaded guilty is not well taken. A defendant may appeal a...

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