STATE OF FLORIDA, PETITIONER,
v.
LINDA PETE, ETC., RESPONDENT

Fla. | 1986-09-04
No. 68030
McDonald, C.J., and BOYD, OVER-TON, EHRLICH and BARKETT, JJ., concur., • SHAW, J., dissents with an opinion.
493 So. 2d 450 Florida Supreme Court (1986) Positive Treatment
Cited by 1 case

Opinion of the Court
ADKINS, Justice.

[*451] ADKINS, Justice.

We have for review Pete v. State, 478 So. 2d 375 (Fla. 2d DCA 1985), in which the district court held that the trial court had improperly applied the sentencing guidelines in effect at the time of sentencing rather than those in force at the time of the offense. The decision conflicts with our decision of State v. Jackson, 478 So. 2d 1054 (Fla.1985), and we have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

In Jackson, we held that the trial court may sentence a defendant pursuant to guidelines in effect at the time of sentencing.

Accordingly, the decision of the district court is quashed.

It is so ordered.

McDonald, C.J., and BOYD, OVER-TON, EHRLICH and BARKETT, JJ., concur. • SHAW, J., dissents with an opinion.

Dissent
SHAW, Justice,

SHAW, Justice,

dissenting.

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


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