STATE OF FLORIDA, PETITIONER,
v.
JORGE SUEIRO, RESPONDENT
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[*211] PER CURIAM.
On certiorari review,* the United States Supreme Court has vacated our decision in State v. Sueiro, 487 So. 2d 1071 (Fla.1986), 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). Previously, on the authority of State v. Jackson, 478 So. 2d 1054 (Fla.1985), we quashed that portion of Sueiro v. State, 471 So. 2d 1317 (Fla.3d DCA 1985), holding that sentencing guidelines in effect at the time of sentencing could not be used. We have since receded from Jackson to the extent that it conflicts with Miller. Wilkerson v. State, 513 So. 2d 664 (Fla.1987). We now reinstate the district court decision below, vacate Sueiro’s sentence, and remand to the circuit court for resentencing using the guidelines in effect at the time of the offense.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *
Sueiro v. Florida, — U.S.-, 107 S.Ct. 3203, 96 L.Ed.2d 690 (1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pacheco v. Dugger, 850 F.2d 1493 (11th Cir. 1988)…985). See Pacheco v. State, 485 So. 2d 1379 (Fla.App.1986). We note that the Supreme Court of Florida has now disavowed its opinion in Jackson in light of Miller v. Florida, — U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). See e.g., State v. Sueiro, 515 So. 2d 210 (Fla.1987): Booker v. State, 514 So. 2d 1079 (Fla.1987). The Supreme Court of Florida has now adopted the position that the sentencing guidelines are substantive rather than procedural for purposes of ex post jacto analysis. It is unclear, however,…
Authorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)
- Sueiro v. State, 471 So. 2d 1317 (Fla. 3d DCA 1985)
- State v. Sueiro, 487 So. 2d 1071 (Fla. 1986)