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SAAVEDRA v. STATE

No. 84-1979.

478 So.2d 479 (1985)

Orlando SAAVEDRA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 11, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

LETTS, Judge.

The Petition for Rehearing is granted. The original opinion is withdrawn and we substitute the following:

This cause is affirmed. At the conclusion of the trial, appellant elected to postpone a decision on sentencing under the guidelines. At the sentencing hearing in August of 1984, he elected to be sentenced under the guidelines in effect before the July 1, 1984, amendment. He is unable to do so because either...

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