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571 So. 2d 84

Arnett v. State

District Court of Appeal of Florida

Decided December 13, 1990

District Court of Appeal of Florida · decided 1990-12-13

Relies on 537 So. 2d 982 - Smith v. State

Decided 1990-12-13

PER CURIAM.

¶1This case concerns a belated appeal of the life sentence imposed following defendant’s 1985 conviction of sexual battery and false imprisonment. Because defendant committed the crimes prior to the effective date of the sentencing guidelines and defendant was never given an opportunity to elect the guidelines, we reverse and remand.

¶2Defendant committed the offenses between February 13-14, 1984. The sentencing guidelines used in sentencing defendant were subsequently held to be unconstitutional. See Smith v. State, 537 So.2d 982 (Fla.1989). When offenses are committed before the effective date of the sentencing guidelines, which is now considered to be July 1, 1984, the defendant has the option to elect the guidelines. If defendant elects to be sentenced under the guidelines, the guidelines in effect at the time of his election are applicable. Id.

¶3Sentence VACATED; REMANDED for resentencing.

DAUKSCH, GOSHORN and PETERSON, JJ., concur.
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