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Florida District Courts of Appeal, 1985

Loyola v. State

Loyola v. State
Florida District Courts of Appeal · Decided June 28, 1985 · Campbell, Lehan, Over, Schoon
471 So. 2d 221; 10 Fla. L. Weekly 1617; 1985 Fla. App. LEXIS 14673 (Southern Reporter, Second Series)

Loyola v. State

Opinion of the Court

PER CURIAM.

Defendant, who was sentenced under the sentencing guidelines, contends on appeal *222that the offense occurred before October 1, 1983, and that he did not affirmatively elect guidelines sentencing. Since the record is unclear as to whether or not defendant elected to be sentenced under the guidelines, we remand for another sentencing hearing. See Jordan v. State, 460 So.2d 477 (Fla. 2d DCA 1984).

CAMPBELL, A.C.J., and SCHOON-OVER and LEHAN, JJ., concur.

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