STATE OF FLORIDA, PETITIONER,
v.
JAMES ERNEST MILLER, RESPONDENT

Fla. | 1986-05-08
No. 67276
BOYD, C.J., and OVERTON and MCDONALD, JJ., concur., EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.
488 So. 2d 820 Florida Supreme Court (1986) Negative Treatment
Cited by 12 cases
Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

In Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985), the court vacated Miller’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 sentencing.

Accordingly, the decision of the district court is quashed.

It is so ordered.

BOYD, C.J., and OVERTON and MCDONALD, JJ., concur. EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

Concurrence
EHRLICH, Justice,

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Miller, 512 So. 2d 198 (Fla. 1987)
    …PER CURIAM. This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment. In State v. Miller, 488 So. 2d 820 (Fla.1986), this Court held that Miller should be 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. The Supreme Court reversed the judgment, holding t…
  • Gollwitzer v. State, 509 So. 2d 1373 (Fla. 5th DCA 1987)
    …6, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So. 2d 1054 (Fla.1985). Recently, however, the United States Supreme Court has corrected those holdings in Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), reversing State v. Miller, 488 So. 2d 820 (Fla.1985). The guidelines in effect at the time of the offense apply. Accordingly, we reverse and remand for resentencing. DAUKSCH and ORFINGER, JJ., concur.…
  • Brown v. State, 535 So. 2d 332 (Fla. 1st DCA 1988)
    …stitution. Relying upon State v. Jackson, 478 So. 2d 1054 (Fla.1985), we rejected his contention and affirmed. Brown v. State, 487 So. 2d 392 (Fla. 1st DCA 1986). The Florida Supreme Court subsequently reached the same conclusion in State v. Miller, 488 So. 2d 820 (Fla.1986). However, in Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), the United States Supreme Court reversed the Florida Supreme Court’s holding and held that retroactive application of the more severe sentencing guidelin…

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