BROSZ v. STATE

No. 84-601.

466 So.2d 256 (1985)

Edward M. BROSZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 7, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Brosz appeals from a judgment and sentence for sexual battery. He contends his sentence was imposed in error. We agree.

Brosz was sentenced under the sentencing guidelines. Section 921.001, Florida Statutes (1983), provides for the applicability of the sentencing guidelines as follows:

(4)(a) The guidelines shall be applied to all felonies, except capital felonies, committed on or after October 1, 1983, and to all felonies...

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