RICHARD EARL GOURLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COWART, Judge.
The 1973 amendment to section 921.161, Florida Statutes (1981), making credit for jail time served prior to sentencing mandatory, whereas it had previously been discretionary, does not affect the legality of the life sentence without jail time credit imposed on appellant in 1972 for a crime previously committed. Article X, section 9 of the Constitution of the State of Florida provides, “repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed.” Sentencing statutes in effect at the time of the commission of the crime control the legality of a sentence. Castle v. State, 330 So. 2d 10 (Fla.1976); Strachen v. State, 380 So. 2d 487 (Fla. 3d DCA 1980). Appellant cites Hollingshead v. State, 292 So. 2d 617 (Fla. 1st DCA 1974), and Joins v. State, 287 So. 2d 742 (Fla. 1st DCA 1974). In those cases the First District Court of Appeal did not consider the constitutional provision cited above and we decline to follow those cases. Gourley’s conviction and sentence are again1
AFFIRMED.
DAUKSCH and SHARP, JJ., concur. . See Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973); Gourley v. State, 411 So. 2d 412 (Fla. 5th DCA 1981).
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Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)…2d 886 (Fla. 5th DCA 1992); Gourley v. State, 595 So. 2d 58 (Fla. 5th DCA 1992); Gourley v. State, 484 So. 2d 28 (Fla. 5th DCA 1986), appeal dismissed, 488 So. 2d 67 (Fla.1986); Gourley v. State, 474 So. 2d 230 (Fla. 5th DCA 1985); Gourley v. State, 432 So. 2d 755 (Fla. 5th DCA 1983), appeal dismissed, 458 So. 2d 272 (Fla.1984); Gourley v. State, 411 So. 2d 412 (Fla. 5th DCA 1981); Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973).…
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State v. Ussery, 543 So. 2d 457 (Fla. 5th DCA 1989)…statutory provisions may not apply retroactively to effect a judgment or sentence. As a result, sentencing statutes in effect on the date of a crime control the legality of a sentence. Castle v. State, 330 So. 2d 10, 11 (Fla.1976); Gourley v. State, 432 So. 2d 755 (Fla. 5th DCA 1983), dismissed, 458 So. 2d 272 (Fla.1984); Strachen v. State, 380 So. 2d 487, 488 (Fla. 3d DCA 1980); State v. Jefferson, 340 So. 2d 1189, 1190 (Fla. 4th DCA 1976). In the instant case, it is clear that the crime occurred prior to…
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Nazworth v. State, 473 So. 2d 214 (Fla. 5th DCA 1985)…3-131, Laws of Florida. The question presented is which retention period applies here. Ordinarily, the law in effect at the time the crime was committed governs the penalty to be imposed. Castle v. State, 330 So. 2d 10 (Fla.1976); Gourley v. State, 432 So. 2d 755 (Fla. 5th DCA 1983). This is true even though an amendment reduces the length of punishment between the time the crime was committed and the time of conviction. Castle v. State. This principle derives from Art. 10, § 9, Fla. Const., which provides:…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Darion Northrup Castle v. State, 330 So. 2d 10 (Fla. 1976)
- Joins v. State, 287 So. 2d 742 (Fla. 1st DCA 1974)
- Hollingshead v. State, 292 So. 2d 617 (Fla. 1st DCA 1974)
- First Nat'l Bank OF Homestead v. Thunderbird Prods. Corp., 380 So. 2d 487 (Fla. 3d DCA 1980)
- Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973)