Green v. State

Full title: ROBERT GREEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 1985

474 So. 2d 17 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-401.

August 21, 1985.

Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

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 848 (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.