RASUL v. STATE

No. 85-2407.

498 So.2d 1022 (1986)

Natal RASUL, a/k/a El-Ra-Sul Natal, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 12, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

Appellant raises four points on appeal. We find merit in two.

Appellant was improperly sentenced under the sentencing guidelines. Appellant committed his present offense in April of 1983. The sentencing guidelines became effective in October of 1983. Appellant must be sentenced in accordance with the law existing at the time he committed the offense, unless he affirmatively elects to be sentenced under the sentencing guidelines. The record failed...

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