TIMOTHY VAN HORN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Sentencing guidelines amendments are procedural, so the most recently amended guidelines apply at sentencing.
The Third District Court of Appeal affirmed a sentence under guidelines in effect at sentencing, not at the time of the offense. The court certified a…
The full statement of facts, procedural history, and disposition for this case are member content.
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EHRLICH, Justice.
We have for review Van Horn v. State, 485 So. 2d 1380 (Fla. 3d DCA 1986) in which the district court, on the authority of our decision in State v. Jackson, 478 So. 2d 1054 (Fla.1985), affirmed Van Horn’s sentence under the guidelines in effect at the time of his sentencing rather than those in effect at the time of the offense. The district 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 GUIDELINES AS MOST RECENTLY AMENDED SHALL BE APPLIED AT THE TIME OF SENTENCING WITHOUT REGARD TO THE EX POST FACTO DOCTRINE.
485 So. 2d at 1381. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We recently answered this question in the affirmative in Wilkerson v. State, 494 So. 2d 210 (1986). Accordingly, the decision below is approved.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur.
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State v. Vanhorn, 561 So. 2d 584 (Fla. 1990)…state request to depart upward and thereby impose a more severe sentence. Vanhorn unsuccessfully sought appellate relief in the state courts alleging an ex post facto violation. Vanhorn v. State, 485 So. 2d 1380, 1381 (Fla. 3rd DCA 1986), approved, 498 So. 2d 426 (Fla.1986). Eventually, Vanhorn won his claim in a habeas action filed in federal district court. Based on the subsequent decision of the United States Supreme Court in Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), the dist…
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Gollwitzer v. State, 509 So. 2d 1373 (Fla. 5th DCA 1987)…effect at the time of the sentence. This was in 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 Mil…
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Paradise Plaza Condo. Ass'n, Inc. v. The Reinsurance Corp. of N.Y., 685 So. 2d 937 (Fla. 3d DCA 1996)…of its decision demonstrates, notwithstanding what is sometimes said, that a lower court has the juridical "power” and "authority” to do so. See Van Horn v. State, 485 So. 2d 1380, 1382 n. 3 (Fla. 3d DCA 1986)(Schwartz, C.J., dissenting), approved, 498 So. 2d 426 (Fla.1986). The wisdom of talcing such a course may be another matter.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- van Horn v. State, 485 So. 2d 1380 (Fla. 3d DCA 1986)
- Wilkerson v. State, 494 So. 2d 210 (Fla. 1986)