DIAZ v. STATE

No. 85-43.

487 So.2d 1225 (1986)

Alberto DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 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 Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant's sentence is affirmed. Although a sentencing guidelines scoresheet and a written memorandum setting forth reasons for departure appear in the record, appellant's sentence is not a guidelines sentence because the offense was committed prior to October 1, 1983, and appellant did not affirmatively select to be sentenced under the guidelines. See Johnson v. State, 486 So.2d 632 (Fla. 2d DCA 1986).

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