STATE OF FLORIDA, PETITIONER,
v.
JULIAN TAFT, RESPONDENT
[*1069] ADKINS, Justice.
In Taft v. State, 468 So. 2d 472 (Fla. 4th DCA 1985), the court vacated Taft’s sentence because he was sentenced pursuant to the guidelines in effect at the time of sentencing as opposed to the guidelines in effect at the time the crime was committed. In State v. Jackson, 478 So. 2d 1054 (Fla.1985), we held that the trial court may sentence a defendant pursuant to the guidelines in effect at the time of sentenc: ing.
Accordingly, the decision of the district court is quashed.
It is so ordered.
BOYD, C.J., and OVERTON, MCDONALD and SHAW, JJ., concur. EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.
BARKETT, J., concurs specially with an opinion.
EHRLICH, Justice,
concurring specially.
I concur because of this Court’s decision in State v. Jackson, 478 So. 2d 1054 (Fla. 1985), but I adhere to the views expressed in my dissent therein.
SHAW, J., concurs.
BARKETT, Justice,
concurring specially.
I concur because this case is controlled by the decision of this Court in State v. Jackson, 478 So. 2d 1054 (Fla.1985). I agree, however, with Justice Ehrlich’s dissent in that case which concludes that ex post facto protection should apply to the sentencing guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Tisdale, 492 So. 2d 1071 (Fla. 1986)…tion based on conflict. Art. V, § 3(b)(3), Fla. Const. In State v. Jackson, 478 So. 2d 1054 (Fla.1985), we found that the guidelines in effect at the time of sentencing may properly be applied to determine a defendant’s sentence. See State v. Taft, 487 So. 2d 1068 (Fla.1986). We therefore quash the opinion here under review. It is so ordered. McDonald, C.J., and BOYD, OVER-TON and BARKETT, JJ., concur. EHRLICH, J., concurs specially with an opinion. SHAW, J., dissents with an opinion.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Taft v. State, 468 So. 2d 472 (Fla. 4th DCA 1985)