SMITH v. STATE

No. 84-1262.

465 So.2d 1372 (1985)

Willie Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


OTT, Acting Chief Judge.

Appellant seeks review of his sentence imposed following the revocation of his probation. He claims the trial court erred in enhancing his presumptive sentence under the sentencing guidelines for a violation of probation.1 Because we find that appellant did not affirmatively select to be sentenced under the guidelines, we reverse and remand for resentencing.

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