STATE OF FLORIDA, PETITIONER
v.
JEFFREY JEROME MILTON, RESPONDENT
ADKINS Justice.
We have for consideration the following question certified to us in Milton v. State, 461 So. 2d 127 (Fla. 5th DCA 1985), as one of great public importance: Is a defendant who was placed on probation before October 1, 1983, entitled to elect to be sentenced under the sentencing guidelines after October 1, 1983, upon a revocation of his probation?
The same question was certified to us in Boyett v. State, 452 So. 2d 958 (Fla. 2d DCA 1984). In that case, we answered the question in the affirmative. State v. Boyett, 467 So. 2d 997 (Fla.1985). We adhere to our holding in Boyett and thus approve the decision of the Fifth District Court of Appeal.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Florine Adams v. State, 483 So. 2d 121 (Fla. 2d DCA 1986)…54, involving revocation of probation which was imposed for an offense occurring before the adoption of the sentencing guidelines, defendant must be given the opportunity to affirmatively select to be sentenced under the guidelines. State v. Milton, 475 So. 2d 670 (Fla.1985). Reversed and remanded for resentenc-ing. CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.…
Authorities Cited
- Coye Elliott Boyett v. State, 452 So. 2d 958 (Fla. 2d DCA 1984)
- State v. Coye Elliott Boyett, 467 So. 2d 997 (Fla. 1985)
- Milton v. State, 461 So. 2d 127 (Fla. 5th DCA 1984)