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ELIZAGARATE v. STATE

Nos. 85-218, 85-1250.

488 So.2d 129 (1986)

Eladio T. ELIZAGARATE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 13, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John H. Lipinski, Special Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

We reject the defendant's claim that he had a right to elect to be sentenced under the sentencing guidelines for life felonies committed prior to October 1, 1983, Sec. 921.001(4)(a), Fla. Stat. (1983); Wade v. State, 488 So.2d 127 (Fla. 3d DCA 1986); State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985).

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