Florida District Courts of Appeal, 1990

Shultz v. State

Shultz v. State
Florida District Courts of Appeal · Decided September 26, 1990 · Frank, Lehan, Patterson
567 So. 2d 48; 1990 Fla. App. LEXIS 7389 (Southern Reporter, Second Series)

Shultz v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s convictions for five separate drug-related offenses, as well as the concurrent five-year sentences imposed after he was found guilty of violating probation. However, we remand for correction of the written sentencing forms to reflect that this is not a guideline sentence. The offenses for which appellant was *49charged took place prior to the effective date of sentencing guidelines, and the record contains no evidence that appellant affirmatively requested a guideline sentence. See, e.g., Jackson v. State, 478 So.2d 515 (Fla. 2d DCA 1985).

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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