FINKLEA v. STATE

No. AZ-130.

470 So.2d 90 (1985)

Leon D. FINKLEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Andrew Thomas, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

The defendant appeals a guidelines sentence imposed after the revocation of his probation. He contends, inter alia, that his sentence is improper because the crime was committed prior to the effective date of the sentencing guidelines and he did not affirmatively select sentencing under the guidelines. We agree that the sentence is improper and reverse.

On March 2, 1983 defendant was charged with burglary of a dwelling and petit theft. He...

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