ROBERT PAUL PATTERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court approves the result reached by the district court, affirming the sentence.
The district court found error in the trial court's departure from sentencing guidelines but deemed it harmless due to amended guidelines. The court c…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The district court in Patterson v. State, 486 So. 2d 74 (Fla. 4th DCA 1986), found error in the trial court’s departure from the sentencing guidelines. Recognizing, however, that the sentence would not be a departure under the amended guidelines pursuant to State v. Jackson, 478 So. 2d 1054 (Fla.1985), the court found the error to be harmless, affirmed the sentence, and certified the same question as that certified in Wilkerson v. State, 480 So. 2d 213, 215 (Fla. 1st DCA 1985), and Carter v. State, 483 So. 2d 740, 741 (Fla. 5th DCA 1986): *
WHETHER ALL SENTENCING GUIDELINES 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.
486 So. 2d at 76, n. 1. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the certified question in the affirmative in Wilkerson v. State, 494 So. 2d 210 (Fla.1986), on the authority of Jackson. In accordance therewith, we approve the result reached by the district court.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur. *
This Court dismissed administratively a subsequent petition for review in Carter v. State, 491 So. 2d 278 (Fla.1986).
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Gollwitzer v. State, 509 So. 2d 1373 (Fla. 5th DCA 1987)…he trial court sentenced the appellant, William Scott Gollwitzer, based on the sentencing guidelines in 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…
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Patterson v. State, 513 So. 2d 1263 (Fla. 1987)…son v. State, 486 So. 2d 74, 76 n. 1 (Fla. 4th DCA 1986). We approved the result of the district court’s opinion, finding that, on the authority of Jackson, we had answered the certified question in the affirmative in Wilkerson. Patterson v. State, 499 So. 2d 831 (Fla.), vacated, — U.S. -, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987). Having reconsidered this matter in light of Miller, we answer the certified question in the negative, disapprove the district court’s decision, and remand to the district court for fu…
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Antel v. Dep't of Prof'l Reg., 522 So. 2d 1056 (Fla. 5th DCA 1988)…although not punished as severely as a premeditated crime, is still considered “contrary to justice, honest, principle, or good morals.” State ex rel. Tullidge v. Hollingsworth, 108 Fla. 607, 146 So. 660, 661 (1933); c.f., The Florida Bar v. Casety, 499 So. 2d 831 (Fla.1986); Kiner v. State Board of Education, 344 So. 2d 656 (Fla. 1st DCA 1977). The burden of proof of rehabilitation was therefore placed on Antel at the hearing. Florida Department of Transportation v. J.W.C. Company, Inc., 396 So. 2d 778 (Fla…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985)
- Carter v. State, 483 So. 2d 740 (Fla. 5th DCA 1986)
- Wilkerson v. State, 494 So. 2d 210 (Fla. 1986)
- Payne v. State, 486 So. 2d 74 (Fla. 4th DCA 1986)
- Patterson v. State, 486 So. 2d 74 (Fla. 4th DCA 1986)