STATE OF FLORIDA, PETITIONER,
v.
DONALD E. HURST, RESPONDENT
PER CURIAM.
We review Hurst v. State, 474 So. 2d 280 (Fla. 5th DCA 1985), because of express conflict with State v. Jackson, 478 So. 2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The district court ruled that the trial judge erred by applying the committee notes to the sentencing guidelines in effect at the time of sentencing, not those in effect at the time the offenses were committed. We disagree and, on the authority of Jackson, quash the district court decision and remand for proceedings not inconsistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON and McDONALD, JJ., concur. BARKETT, J., concurs specially with an opinion, in which EHRLICH and SHAW, JJ., concur.
BARKETT, Justice,
concurring specially.
I concur only because this case is controlled by our decision in State v. Jackson, 478 So. 2d 1054 (Fla.1985). Justice Ehrlich’s dissenting opinion in that case repre sents, in my view, the correct position on this issue.
EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hurst v. State, 491 So. 2d 355 (Fla. 5th DCA 1986)…PER CURIAM. AFFIRMED. See State v. Hurst, 487 So. 2d 1069 (Fla.1986); State v. Jackson, 478 So. 2d 1054 (Fla.1985). DAUKSCH, COBB and COWART, JJ., concur.…
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Hendry v. State, 491 So. 2d 356 (Fla. 5th DCA 1986)…PER CURIAM. AFFIRMED on the authority of State v. Hurst, 487 So. 2d 1069 (Fla.1986); State v. Jackson, 478 So. 2d 1054 (Fla.1985). UPCHURCH, C.J., and DAUKSCH and SHARP, JJ., concur.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Hurst v. State, 474 So. 2d 280 (Fla. 5th DCA 1985)