SHEPPARD v. STATE

No. 89-01755.

554 So.2d 671 (1990)

Simon SHEPPARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 5, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

The defendant appeals from a judgment and sentence entered on March 16, 1989, after violations of community control. The offense was committed on June 10, 1979, long before the effective date of sentencing guidelines. At the time of sentencing, the defendant did not affirmatively select to be sentenced under the guidelines. It is clear that the trial judge intended to, and did, utilize the guidelines in imposing the sentence. Accordingly, we reverse the...

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