TERRY JOE WILKERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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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 committed. The Supreme Court vacated the judgment and remanded the case for further consideration in light of Miller v. Florida, — U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), which held that utilizing the guidelines in effect at the time of sentencing violated the ex post facto clause of article I of the United States Constitution. Therefore, we vacate Wilkerson’s sentence and remand the ease to the circuit court with directions to resentence Wilkerson pursuant to the sentencing guidelines which were in effect at the time the offense was committed. We also recede from State v. Jackson to the extent that it conflicts with Miller v. Florida.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *
— U.S. -, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987).
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Pope v. State, 561 So. 2d 554 (Fla. 1990)…GRIMES, Justice, concurring. At the time this Court decided State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987), the majority of the district courts of appeal had approved guideline departures unaccompanied by a written statement so long as the reasons for departure were adequately set forth in the sentencing colloquy. Therefore, if this sentence h…1 / 3
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Davis v. State, 661 So. 2d 1193 (Fla. 1995)…re to file contemporaneous findings. The two errors, however, are closely related and based on the same premise. For exam- [*1196] pie, we determined in State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987), that the findings for a departure sentence must be in writing under section 921.001(6), Florida Statutes (1983), and Florida Rule of Criminal Procedure 3.701(d)(ll). We also found that the record itself is not sufficient to support the f…
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Nixon v. State, 572 So. 2d 1336 (Fla. 1990)…988); Whitehead v. State, 498 So. 2d 863 (Fla.1986); State v. Jackson, 478 So. 2d 1054 (Fla.1985), abrogated on other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). However, we have held reasons 1 (emotional trauma) and 2 (escalating criminal conduct) to be clear and convincing under appropriate circumstances. In Tillman v. State, 525 So. 2d 862, 864 (Fla.1988), we explained that emotional trauma o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 494 So. 2d 210 (Fla. 1986)