Summary
utilizing 1994 scoresheet for new substantive offense and 1993 scoresheet for prior forgery offense where probation had been revoked
Summary of this case from Crenshaw v. StateOpinion
No. 94-1413.
May 26, 1995.
Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.
James B. Gibson, Public Defender, and Dan D. Hallenberg, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.
ON MOTION FOR REHEARING
The state and counsel for the appellant have filed motions for rehearing in which both agree section 921.001(4)(b), relied upon by this court in our opinion which issued in this case, was amended effective November 24, 1993, to delete the provision giving a defendant the option to elect to be sentenced pursuant to the 1994 guidelines. We acknowledge the candor and professionalism of both counsel for bringing this to the attention of this court.
Accordingly, we withdraw our prior opinion issued in this case, and in its place simply affirm the trial court.
Rehearing GRANTED; Prior Opinion WITHDRAWN; AFFIRMED.
HARRIS, C.J., and GRIFFIN, J., concur.