Florida District Courts of Appeal, 1989

Jaggers v. State

Jaggers v. State
Florida District Courts of Appeal · Decided May 16, 1989 · Barfield, Miner, Nimmons
542 So. 2d 1069; 14 Fla. L. Weekly 1191; 1989 Fla. App. LEXIS 2708; 1989 WL 49609 (Southern Reporter, Second Series)

Jaggers v. State

Opinion of the Court

PER CURIAM.

Appellant, whose offense was committed prior to the effective date of the sentencing guidelines, argues that he was improperly sentenced on remand under amended guidelines which were not in effect at the time he originally elected to be sentenced under the guidelines. However, the record indicates that appellant’s trial counsel did not object to the guidelines used at his sentencing, thereby waiving the issue on direct appeal.

AFFIRMED without prejudice to any right appellant may have to seek relief via Florida Rule of Criminal Procedure 3.850, *1070alleging ineffective assistance of trial counsel.

NIMMONS, BARFIELD and MINER, JJ., concur.

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