RONALD W. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In our initial opinion of August 16, 1985, we reversed appellant’s sentence on the ground that the trial court’s application of the guidelines rule in effect at the time of sentencing, rather than the rule in effect when the crimes were committed, was unlawful. Since that date, the Florida Supreme Court issued its opinion in State v. Jackson, 478 So. 2d 1054 (Fla.1985), in which it stated that a modification in the sentencing guidelines procedure is merely a procedural change which does not require the application of the ex post facto doctrine. The court remanded Jackson for resentencing under the guidelines in effect at the time of sentencing. . Therefore, on the authority of Jackson, we withdraw our initial opinion and affirm appellant’s sentence.
Affirmed.
RYDER, C.J., and SCHEB and FRANK, JJ., concur.
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Kerr v. State, 481 So. 2d 1233 (Fla. 2d DCA 1985)…pplication of the ex post facto doctrine. Therefore, on the authority of Jackson, we hold that it was not error for the trial court to use the revised version of the category I scoresheet in effect at the time of sentencing. See also Davis v. State, 480 So. 2d 672 (Fla. 2d DCA 1985). Second, defendant contends that the trial court erred in retaining jurisdiction over his sentence. A trial court may not retain jurisdiction over a defendant where sentencing guidelines apply, since parole is no longer availabl…
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Pete v. State, 478 So. 2d 375 (Fla. 2d DCA 1985)…n effect at the time of the crime and thereby applied the amendment retroactively. A rule change that has a disadvantageous effect on an offender [*376] does not apply to crimes committed before the effective date of the rule change. Davis v. State, 480 So. 2d 672 (Fla.2d DCA 1985); Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985). Accordingly, we reverse appellant’s sentence and remand to the trial court for resentencing in accordance with the sentencing guidelines rule in effect when the crimes were co…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)