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TRASTI v. STATE

No. 84-1582.

470 So.2d 849 (1985)

Corrine Louise TRASTI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 13, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Gen., Daytona Beach, for appellee.

PER CURIAM.

The offense in this case was committed before the effective date of the sentencing guidelines and the record does not show that the appellant affirmatively elected to be sentenced pursuant to the sentencing guidelines (§ 921.001, Fla. Stat. (1983); Fla. R.Crim.P. 3.701) anytime prior to, or during, sentencing proceeding. Therefore, the guideline sentence in this case is vacated and the cause remanded for resentencing.

SENTENCE VACATED; CAUSE...

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