CABRERA-SARMIENTO v. STATE

No. 86-1982.

522 So.2d 1080 (1988)

Jose Antonio CABRERA-SARMIENTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 14, 1988.


Attorney(s) appearing for the Case

Joseph Mincberg and Thomas C. Gano of Lubin and Mincberg, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Defendant's conviction for trafficking in more than 400 grams of cocaine is affirmed. We vacate his sentence, however, and remand for resentencing because it appears from the sentencing order that the trial court considered the sentence to be a guideline sentence, from which he was departing. The crime was committed before October 1, 1983, and there is nothing in the record to indicate that defendant affirmatively selected to be sentenced under the...

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