Florida District Courts of Appeal, 1989

Arne v. State

Arne v. State
Florida District Courts of Appeal · Decided February 9, 1989 · Barfield, Shivers, Zehmer
537 So. 2d 720; 14 Fla. L. Weekly 396; 1989 Fla. App. LEXIS 619; 1989 WL 10921 (Southern Reporter, Second Series)

Arne v. State

Opinion of the Court

SHIVERS, Judge.

Appellant Arne appeals the trial court’s 1988 imposition of a guideline sentence, upon violation of probation, where Arne’s original offenses occurred prior to the effective date of the sentencing guidelines. Finding no indication in the record that Arne made an affirmative election to be sentenced pursuant to the guidelines, we reverse and remand for resentencing. Section 921.001(4)(a), Florida Statutes.

ZEHMER and BARFIELD, JJ., concur.

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