STATE OF FLORIDA, PETITIONER,
v.
JAMES ERNEST MILLER, RESPONDENT
Explore caselaw by topic → Browse Ex Post Facto Clause cases and more on FLexlaw
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 State v. Miller, 488 So. 2d 820 (Fla.1986), this Court held that Miller 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 committed. The Supreme Court reversed the judgment, holding that our ruling violated the ex post facto clause of article I of the United. States Constitution. Miller v. Florida, — U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). Therefore, we vacate Miller’s sentence and remand the case to the circuit court with directions to resentence Miller pursuant to the sentencing guidelines which were in effect at the time the offense was committed.
It is so ordered.
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Dupont v. State, 514 So. 2d 1159 (Fla. 2d DCA 1987)…d States Supreme Court held that retroactive application of more severe guideline scoring mechanisms violates constitutional proscriptions against ex post facto laws. Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed. 2d 351 (1987), after remand, 512 So. 2d 198 (Fla.1987). Therefore our threshold question must be whether Miller should receive retroactive application. We conclude that it must. Changes in guideline case law, such as those which disapprove reasons for departure previously considered acceptab…
-
Alpha Sheffield and Wesley Sheffield v. Albert J. Davis, M.D. & Albert J. Davis, M.D. & Assocs., P.A., 562 So. 2d 384 (Fla. 2d DCA 1990)…their plain and obvious meaning, and one must assume that the legislature knew the plain and ordinary meanings of words when it chose to include them in a statute. Reed By and Through Lawrence v. Bowen, 503 So. 2d 1265 (Fla. 2d DCA 1986), approved, 512 So. 2d 198 (Fla.1987). When the language of a statute is clear and not unreasonable or illogical in its operation, the court may not go outside the statute to give it a different meaning. Id. Effectively, such an interpretation results in enlarging always the…
-
Palm Beach Cmty. Coll. Found., Inc. v. WFTV, Inc., 611 So. 2d 588 (Fla. 4th DCA 1993)…la.1958); Gar-Con Dev., Inc. v. Dep’t of Envt’l Reg., 468 So. 2d 413 (Fla. 1st DCA), rev. denied, 479 So. 2d 117 (Fla.1985); Sheffield v. Davis, 562 So. 2d 384 (Fla. 2d DCA 1990); Reed v. Bowen, 503 So. 2d 1265 (Fla. 2d DCA 1986), decision approved, 512 So. 2d 198 (Fla.1987). We agree with the trial court, that there is no ambiguity in the wording of statute. [*590] On the face of the statute, the wording “information necessary for” plainly modifies both “annual report” and “auditor’s report,” assuming that…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Miller, 488 So. 2d 820 (Fla. 1986)