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MILTON v. STATE

No. 83-1769.

461 So.2d 127 (1984)

Jeffery Jerome MILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Rehearing January 3, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, for appellee.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

In this case, the trial judge revoked the defendant's probation which had commenced in July of 1982, and imposed sentence in November, 1983, without utilizing the sentence guidelines, which the trial judge found to be inapplicable on the basis that the sentence related back to the time probation was imposed. This approach is reflected in the dissenting opinion of Judge Campbell in Boyett v. State, 452 So.2d 958

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