McPHAUL v. STATE

No. 85-755.

497 So.2d 730 (1986)

Billy George McPHAUL, a/k/a Harold Williams, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karla Foreman Wright, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals from the sentence imposed upon him upon his violation of probation.

Defendant first contends that the trial court erred in sentencing defendant pursuant to the sentencing guidelines for an offense committed prior to the adoption of the guidelines without defendant having affirmatively selected guidelines sentencing. The state acknowledges that the record does not reflect such an affirmative selection. Therefore, we remand for...

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