Florida District Courts of Appeal, 1985

Green v. State

Florida District Courts of Appeal · Decided August 21, 1985 · Downey, Hurley, Leonard, Rivkind

474 So. 2d 17; 10 Fla. L. Weekly 2010; 1985 Fla. App. LEXIS 15229 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

McClatchie v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We find that the record fails to disclose that defendant affirmatively selected to be sentenced under the guidelines. See In re Rules of Criminal Procedure, 439 So.2d *18848 (Fla. 1983); Kimsey v. State, 467 So.2d 333 (Fla.2d DCA 1985). Therefore, we remand for resentencing pursuant to the rule.

DOWNEY and HURLEY, JJ., and RIVKIND, LEONARD, Associate Judge, concur.

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