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McCLATCHIE v. STATE

No. 85-756.

482 So.2d 550 (1986)

Allan McCLATCHIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 5, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

There are two issues in this appeal, both compelling reversal of the sentence and remand, which we do.

First, in our collective judgment the facts of this case do not clearly establish affirmative selection to be sentenced under the guidelines. See Green v. State, 474 So.2d 17 (Fla. 4th DCA 1085). Those facts are that (1) appellant's attorney, at some time, signed the scoresheet; and (2) appellant...

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