RANDI v. STATE

No. 88-862.

538 So.2d 976 (1989)

Robert Julian RANDI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 23, 1989.


Attorney(s) appearing for the Case

Robert Julian Randi, Sneads, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

Appellant correctly contends that the three year sentence of incarceration for the crime of grand theft committed September 25, 1981 should not have been a guidelines sentence because he did not affirmatively select to be sentenced under the guidelines. On the contrary, the record affirmatively shows that appellant rejected a guidelines sentence. Therefore, appellant's motion to correct illegal sentence should have been granted to reflect that his sentence...

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