Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1985

Trasti v. State

Trasti v. State
Florida District Courts of Appeal · Decided June 13, 1985 · Cowart, Dauksch, Orfinger
470 So. 2d 849; 10 Fla. L. Weekly 1460; 1985 Fla. App. LEXIS 14536 (Southern Reporter, Second Series)

Trasti v. State

Opinion of the Court

PER CURIAM.

The offense in this case was committed before the effective date of the sentencing guidelines and the record does not show that the appellant affirmatively elected to be sentenced pursuant to the sentencing guidelines (§ 921.001, Fla.Stat. (1983); Fla. R.Crim.P. 3.701) anytime prior to, or during, sentencing proceeding. Therefore, the guideline sentence in this case is vacated and the cause remanded for resentencing.

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH, ORFINGER and COWART, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑