471 So. 2d 221

Andy LOYOLA, Appellant, v. STATE of Florida, Appellee.

No. 84-2078.

District Court of Appeal of Florida, Second District.

June 28, 1985.

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant, who was sentenced under the sentencing guidelines, contends on appeal *222that the offense occurred before October 1, 1983, and that he did not affirmatively elect guidelines sentencing. Since the record is unclear as to whether or not defendant elected to be sentenced under the guidelines, we remand for another sentencing hearing. See Jordan v. State, 460 So.2d 477 (Fla. 2d DCA 1984).

CAMPBELL, A.C.J., and SCHOON-OVER and LEHAN, JJ., concur.

Loyola v. State
471 So. 2d 221

Case Details

Name
Loyola v. State
Decision Date
Jun 28, 1985
Citations

471 So. 2d 221

Jurisdiction
Florida

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