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TILLMAN v. STATE

Nos. 84-1547 to 84-1551.

466 So.2d 20 (1985)

Dwayne B. TILLMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 29, 1985.

Attorney(s) appearing for the Case

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

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

GRIMES, Acting Chief Judge.

Appellant argues that the trial court erred in sentencing him under the sentencing guidelines. Fla.R.Crim.P. 3.701. We agree. The underlying offenses in this case were committed prior to October 1, 1983. The sentencing guidelines may be applied to crimes when the offense occurred prior to October 1, 1983, only where the defendant affirmatively selects to be sentenced under the guidelines. § 921.001(4)(a), Fla. Stat. (1983); In Re...

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