GURCHICK v. STATE

No. 84-226.

460 So.2d 475 (1984)

Stephen F. GURCHICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 5, 1984.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

The only question on this appeal is the right of appellant to be sentenced under the guidelines upon his request where his original sentence (vacated on appeal) occurred prior to application of the sentence guidelines. We hold he is entitled to elect resentencing under the guidelines and therefore reverse.

Appellant was originally sentenced to fifteen years in prison on his plea of guilty to the offense of burglary. This court vacated the original...

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