STATE OF FLORIDA, PETITIONER,
v.
JESSE JAMES TISDALE, RESPONDENT

Fla. | 1986-08-21
Nos. 67,787
McDonald, C.J., and BOYD, OVER-TON and BARKETT, JJ., concur., EHRLICH, J., concurs specially with an opinion., SHAW, J., dissents with an opinion.
492 So. 2d 1071 Florida Supreme Court (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

In Tisdale v. State, 475 So. 2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale’s sentence, finding error in the trial court’s application of the guidelines in effect at the time of sentencing rather than at the time of the crime’s commission. We have jurisdiction 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.

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.

Dissent
SHAW, Justice,

SHAW, Justice,

dissenting.

I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So. 2d 1054 (Fla.1985).

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  • Bateson v. State, 516 So. 2d 280 (Fla. 1st DCA 1987)
    …ury an opportunity to exercise its “pardon power.” State v. Wimberly, 498 So. 2d at 932; State v. Baker, 456 So. 2d 419, 422 (Fla.1984); State v. Bruns, 429 So. 2d 307 (Fla.1983); Mosley v. State, 482 So. 2d 530, 532 fn. 1 (Fla. 1st DCA) approved by 492 So. 2d 1071 (Fla.1986); Weller v. State, 501 So. 2d 1291, 1292 (Fla. 4th DCA 1986). On the basis of the record before this court, it appears the evidence in this case is consistent with and would support a finding of guilt on a section 794.011(5) charge. Since…
  • Harris v. State, 935 So. 2d 1259 (Fla. 5th DCA 2006)
    …jurisprudence of our State that a defendant can be heard to complain about the failure to instruct on lesser offenses notwithstanding the fact that he has been properly proved and found guilty of the offense charged.") (footnote omitted), approved, 492 So. 2d 1071 (Fla.1986); Bufford v. State, 473 So. 2d 795, 796 (Fla. 5th DCA 1985) ("The requirement that the jury be charged on lesser included offenses is solely based on the jury's pardon power.”), review denied, 482 So. 2d 347 (Fla.1986).…

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