Lynch v. State, 85-2830
| Decision Date | 25 June 1986 |
| Docket Number | No. 85-2830,85-2830 |
| Citation | 11 Fla. L. Weekly 1422,491 So.2d 1169 |
| Parties | 11 Fla. L. Weekly 1422 Thomas LYNCH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal of orders revoking appellant's probation and sentencing him. We affirm the order of revocation, reverse the sentencing order and remand.
We shall discuss the sentencing order first as we conclude that appellant did not affirmatively elect to be sentenced under the guidelines.
At the subject hearing, counsel for appellant stated:
[PUBLIC DEFENDER]: Well, I am trying to say the max because he is sentenced as a youthful offender. The sentencing guidelines apply and the Court, to my information or my belief, is--even under the new section they have in, he can only get a maximum imposed on youthful offender of six years in prison, or the maximum offense, whichever is less. [Emphasis added.]
The defendant's only participation at the sentencing hearing was the following:
While we have agreed with appellant's first point, we disagree with his remaining points, the next of which is whether the trial court erred in imposing a nine year sentence after revoking appellant's term of probation...
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Poore v. State
...Statutes, in returning the defendant into the state correctional system. Brooks v. State, 478 So.2d 1052 (Fla.1985); Lynch v. State, 491 So.2d 1169 (Fla. 4th DCA 1986); Solomon v. State, 490 So.2d 1025 (Fla. 1st DCA 1986), rev. denied, 500 So.2d 545 (Fla.1986); Crosby v. State, 487 So.2d 41......
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Dixon v. State, 87-1795
...out that a sentence entered after the effective date of that statutory amendment would require a different result.); Lynch v. State, 491 So.2d 1169 (Fla. 4th DCA 1986) (The court relied on Clem, 462 So.2d 1134, and Brooks, pre-1985 amendment cases.); Crosby v. State, 487 So.2d 416 (Fla. 2d ......
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State v. Wayne
...and direct conflict with Brooks v. State, 478 So.2d 1052 (Fla.1985); Hill v. State, 486 So.2d 1372 (Fla. 1st DCA 1986); Lynch v. State, 491 So.2d 1169 (Fla. 4th DCA 1986); and Crosby v. State, 487 So.2d 416 (Fla. 2d DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. In the proceedings......
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Poore v. State
...and direct conflict with Brooks v. State, 478 So.2d 1052 (Fla.1985); Hill v. State, 486 So.2d 1372 (Fla. 1st DCA 1986); Lynch v. State, 491 So.2d 1169 (Fla. 4th DCA 1986); and Crosby v. State, 487 So.2d 416 (Fla. 2d DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We have acc......