PENTAUDE v. STATE

No. BD-301.

478 So.2d 1147 (1985)

Michael Allen PENTAUDE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 22, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Henri C. Cawthorn, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

Michael Allen Pentaude appeals from a five year sentence imposed upon him following revocation of his probation. Appellant contends that defense counsel's attempt to conditionally elect the sentencing guidelines did not amount to an "affirmative selection" and that since he was not informed that his conditional election would not be given effect, he did not make a knowing and intelligent waiver of his right to parole eligibility. Alternatively, appellant...

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