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VALORI v. STATE

No. BE-310.

482 So.2d 573 (1986)

James Michael VALORI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 6, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

James Michael Valori appeals his five-year prison sentence imposed under the sentencing guidelines following revocation of probation. Valori, who committed the underlying offense of grand theft in 1982 and was placed under probation that year, is entitled to be sentenced under pre-guideline law. See Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). Since no affirmative election to be sentenced under the guidelines...

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