STATE OF FLORIDA, PETITIONER,
v.
JORGE SUEIRO, RESPONDENT
PER CURIAM.
We review Sueiro v. State, 471 So. 2d 1317 (Fla.3d DCA 1985), because of direct and express conflict with State v. Jackson, 478 So. 2d 1054 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.
The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jackson and remand for proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON and McDONALD, 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.
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Clinksdale v. State, 562 So. 2d 449 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Sueiro v. State, 471 So. 2d 1317 (Fla. 3d DCA 1985), quashed in part, 487 So. 2d 1071 (Fla.1986).…
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State v. Sueiro, 515 So. 2d 210 (Fla. 1987)…[*211] PER CURIAM. On certiorari review,* the United States Supreme Court has vacated our decision in State v. Sueiro, 487 So. 2d 1071 (Fla.1986), and remanded the case for further consideration in light of Miller v. Florida, — U.S.-, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). Previously, on the authority of State v. Jackson, 478 So. 2d 1054 (Fla.1985), we quashed that portion of Sueir…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Sueiro v. State, 471 So. 2d 1317 (Fla. 3d DCA 1985)