ELLIS C. FLETCHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Ellis Fletcher pled nolo conten-dere to a charge of grand theft and to a charge of possession of a controlled substance. Both offenses were committed pri-or to July 1, 1984.
On July 1, 1984, the sentencing guidelines, Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, were amended. On October 10, 1984, Fletcher was sentenced in accordance with the guidelines as amended July 1, 1984.
We vacate Fletcher’s sentence, and remand for sentencing in accordance with the sentencing guidelines in effect prior to July 1, 1984. Fletcher is entitled to be sentenced under the sentencing guidelines in effect at the time he committed the offenses. Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985).
SENTENCE VACATED; CAUSE REMANDED.
LETTS, HERSEY and BARKETT, JJ., concur.
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Mott v. State, 469 So. 2d 946 (Fla. 5th DCA 1985)…ve application of an enhanced penalty guideline is proscribed. Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985); Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984); Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984). See also Fletcher v. State, 468 So. 2d 428 (Fla. 4th DCA 1985); Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985). We adhere to that view. Accordingly, we reverse the sentence, and remand for an appropriate sentence under the guidelines in effect at the time Mott committed the offense, o…
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State v. Ellis C. Fletcher, 491 So. 2d 273 (Fla. 1986)…PER CURIAM. We have for review Fletcher v. State, 468 So. 2d 428 (Fla. 4th DCA 1985), which expressly and directly conflicts with our decision in State v. Jackson, 478 So. 2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court below vacated Fletcher’s sentence, holding, cont…
Authorities Cited
- Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985)