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538 So. 2d 976

538 So.2d 976

14 Fla.L.Weekly 529

Randi v. State

District Court of Appeal of Florida

Decided February 23, 1989

District Court of Appeal of Florida · decided 1989-02-23

Cited by 1 later decisions — most recently May 1990

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-23

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PER CURIAM.

¶1Appellant correctly contends that the three year sentence of incarceration for the crime of grand theft committed September 25, 1981 should not have been a guidelines sentence because he did not affirmatively select to be sentenced under the guidelines. On the contrary, the record affirmatively shows that appellant rejected a guidelines sentence. Therefore, appellant’s motion to correct illegal sentence should have been granted to reflect that his sentence was a non-guidelines sentence, and the order appealed from is modified to that extent. Except as so modified, the order denying relief is

¶2AFFIRMED.

DAUKSCH, ORFINGER and GOSHORN, JJ., concur.
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