WEAVER v. STATE

No. 85-24.

475 So.2d 1365 (1985)

Mark L. WEAVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 4, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Ann N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

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


LEHAN, Judge.

Defendant appeals his sentence imposed pursuant to the sentencing guidelines. We reverse.

Defendant first contends that his sentencing was in error because he did not elect to be sentenced pursuant to the guidelines. We disagree. The record shows that his attorney participated in open court in a discussion with the trial judge and the assistant state attorney concerning what the recommended guidelines sentence was. Defendant's attorney asked...

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