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SALMONS v. STATE

No. 85-2230.

489 So.2d 1249 (1986)

Johnny Wayne SALMONS a/K/a Johnnie W. Baumgart, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 25, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

We find merit in appellant's argument that the trial court erred in sentencing him pursuant to the guidelines absent his affirmative selection thereof.

Accordingly, we remand with directions that the sentence in this case be modified to reflect that it is not a guidelines sentence. Hart v. State, 464 So.2d 592 (Fla. 2d DCA 1985). The judgment and sentence is affirmed in all other respects.

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