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ANDERSON v. STATE

No. 87-3328.

550 So.2d 488 (1989)

Edward J. ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 16, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions. However, we reverse his sentence on the indecent assault convictions, as the state concedes error in that appellant was not permitted to elect whether or not to be sentenced under the guidelines on these two charges. State v. Pentaude, 500 So.2d 526 (Fla. 1987).

Appellant was also convicted of, and sentenced for, the sexual battery of a child, and, being a capital offense...

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