RANDOLPH v. STATE

No. AZ-498.

458 So.2d 64 (1984)

Kim RANDOLPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 26, 1984.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Michael J. Minerva, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

Randolph appeals her sentence which was imposed under the sentencing guidelines. She complains of the court's reliance upon the guidelines without her election to be sentenced thereunder. She also asserts that the court erred in relying upon an amendment to the guidelines which provides for "bumping up" the sentence range into the next higher "cell" by reason of Randolph's probation having been revoked. We reverse on both points.

The defendant...

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