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486 So. 2d 632

486 So.2d 632

11 Fla.L.Weekly 747

Johnson v. State

District Court of Appeal of Florida · decided 1986-03-26

Relies on 288 So. 2d 490 - Bernhardt v. State

Decided 1986-03-26

PER CURIAM.

¶1Defendant appeals the revocation of his probation and asks that his sentence be clarified to reflect that it was not a sentence under the sentencing guidelines.

¶2We affirm the revocation of probation. Contrary to defendant’s argument, we conclude that there was sufficient evidence on the basis of which to revoke defendant’s probation. See Bernhardt v. State, 288 So.2d 490 (Fla.1974).

¶3We see no need to remand for clarification that the sentence was not a guidelines sentence. Although the trial judge at sentencing did refer to the presumptive guide- . lines sentence, the offense was committed prior to the adoption of the sentencing guidelines, defendant did not select guidelines sentencing, and no guidelines score-sheet is in the record.

¶4Affirmed.

DANAHY, A.C.J., and LEHAÑ and SANDERLIN, JJ., concur.
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