KNIGHT v. STATE

No. AW-240.

455 So.2d 457 (1984)

Jerry KNIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

As Revised on Denial of Rehearing September 10, 1984.


Attorney(s) appearing for the Case

Glenna Joyce Reeves, Tallahassee, for appellant.

Barbara Ann Butler, Tallahassee, for appellee.


SMITH, Judge.

This is an appeal from the trial court's refusal to apply the new sentencing guidelines to a criminal defendant sentenced subsequent to October 1, 1983, the effective date of the guidelines. See Rule 3.701, F.R.Crim.P. We reverse and remand for resentencing.

Appellant was convicted of two counts of aggravated assault. Sentencing was deferred until July 9, 1983, at which time appellant failed to appear for sentencing and a capias was issued. Appellant...

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