BECEIRO-MESA v. STATE

No. 85-1121.

492 So.2d 1148 (1986)

Luis BECEIRO-MESA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 12, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karon, Morrison & Savikas and Joshua D. Lerner, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Debora J. Turner, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and FERGUSON, JJ.


PER CURIAM.

The defendant was convicted by a jury of aggravated battery and carrying a concealed firearm. Both of these crimes were committed prior to the adoption of the sentencing guidelines. The defendant contends that the trial court erred in sentencing him in accordance with the guidelines. We agree.

The sentencing guidelines may be applied to crimes committed prior to October 1, 1983, if a defendant makes an affirmative selection to be sentenced pursuant...

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