TERRY JOE WILKERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Sentencing guidelines amendments are procedural, so the most recent guidelines apply at sentencing, even if amended after the offense, without violating the ex post facto doctrine.
The district court applied this court's prior decision to uphold a petitioner's sentencing according to guidelines in effect at sentencing, not at the…
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ADKINS, Justice.
The district court in Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985), applied our decision of State v. Jackson, 478 So. 2d 1054 (Fla.1985), and upheld petitioner’s sentencing according to the guidelines in effect at the time of sentencing rather than those in force at the date of the original offense. In so doing, however, the court certified the following question as one of great public importance:
WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURAL IN NATURE SO THAT THE GUIDELINES AS MOST RECENTLY AMENDED SHALL BE APPLIED AT THE TIME OF SENTENCING WITHOUT REGARD TO THE EX POST FACTO DOCTRINE.
480 So. 2d at 215. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Jackson, we found no ex post facto violation in imposing the guidelines as amended subsequent to the original offense, noting that “the presumptive sentence established by the guidelines does not change the statutory limits of the sentence imposed for a particular offense.” 478 So. 2d at 1056. We therefore answer the certified question in the affirmative and affirm the opinion here under review.
It is so ordered.
MCDONALD, C.J., and BOYD, OVER-TON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Wilkerson v. State, 513 So. 2d 664 (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 Wilkerson v. State, 494 So. 2d 210 (Fla.1986), this Court followed State v. Jackson, 478 So. 2d 1054 (Fla.1985), and held that Wilkerson 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…
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Gollwitzer v. State, 509 So. 2d 1373 (Fla. 5th DCA 1987)…accordance with the law as perceived by the Florida Supreme Court. See, e.g., Patterson v. State, 499 So. 2d 831 (Fla.1987), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So. 2d 426 (Fla.1986); Wilkerson v. State, 494 So. 2d 210 (Fla.1986), vacated, — U.S. —, 107 S.Ct. 3206, 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.…
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Patterson v. State, 513 So. 2d 1263 (Fla. 1987)…cing reasons. The district court affirmed the sentence, however, finding that it was not a departure under the amended guidelines which would apply on resentencing under Jackson. The court certified the same question certified in Wilkerson v. State, 494 So. 2d 210, 210 (Fla.1986), vacated, — U.S. -, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987): WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURAL IN NATURE SO THAT THE GUIDELINES AS MOST RECENTLY AMENDED SHALL BE APPLIED AT THE TIME OF SENTEN…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985)