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458 So. 2d 1234

458 So.2d 1234

9 Fla.L.Weekly 2498

Monte v. State

District Court of Appeal of Florida

Decided November 28, 1984

District Court of Appeal of Florida · decided 1984-11-28

Cited by 1 later decisions — most recently July 1985

1 state decisions

Relies on Anders v. California

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-28

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PER CURIAM.

¶1In requesting permission of this court to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender suggests that the record is not clear as to whether appellant elected to be sentenced under the sentencing guidelines or if counsel was simply requesting that the court take into account what the sentence would be if the guidelines were used. However, it is clear from the record that appellant, whose crimes were committed prior to October 1, 1983, never “affirmatively selected” to be sentenced under the guidelines. We are convinced that the court did not intend for appellant’s sentence to be under the guidelines.

¶2Affirmed.

RYDER, C.J., and GRIMES, J., and LOGAN, PAUL E., Associate Judge, concur.
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