CAHILL v. STATE

No. 84-2266.

478 So.2d 376 (1985)

Robert William CAHILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 13, 1985.


Attorney(s) appearing for the Case

H. Michael Evans of Mosley & Evans, P.A., Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

The appellant challenges the revocation of his probation and the sentence imposed upon revocation. We reject the challenge to the revocation of probation, but agree with the defendant that he was improperly given a guidelines sentence.

The defendant was placed on probation for an offense committed on September 7, 1982. The record does not reflect that the defendant affirmatively selected to be sentenced under the guidelines. In the absence of such...

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