FAIRCLOTH v. STATE

No. 84-2502.

479 So.2d 779 (1985)

Michael T. FAIRCLOTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 1985.


Attorney(s) appearing for the Case

J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

After revoking defendant Michael T. Faircloth's probation, the trial court sentenced him to fifteen years imprisonment under the sentencing guidelines and retained jurisdiction over one-third of his sentence. Defendant raises two points on appeal. We find merit to both.

First, defendant correctly contends that the trial court improperly sentenced him under the guidelines because the crime underlying his probation was committed before October...

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