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478 So. 2d 376

478 So.2d 376

10 Fla.L.Weekly 2336

Cahill v. State

District Court of Appeal of Florida

Decided October 11, 1985

District Court of Appeal of Florida · decided 1985-10-11

Cited by 1 later decisions — most recently April 1987

1 state decisions

Relies on Cahill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-11

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PER CURIAM.

¶1The appellant challenges the revocation of his probation and the sentence imposed upon revocation. We reject the challenge to the revocation of probation, but agree with the defendant that he was improperly given a guidelines sentence.

¶2The defendant was placed on probation for an offense committed on September 7, 1982. The record does not reflect that the defendant affirmatively selected to be sentenced under the guidelines. In the absence of such a selection, the sentencing guidelines may not be applied. Cahill v. State, 467 So.2d 366 (Fla. 2d DCA 1985).

¶3Accordingly, we reverse and remand for resentencing. At resentencing the appellant may affirmatively select to be sentenced under the guidelines. If he does not, the trial judge must resentence him according to the law in effect prior to the adoption of the guidelines.

¶4REVERSED AND REMANDED FOR RESENTENCING.

DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
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