ANDREW ALAN ABT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the portion of Chapter 87-110, Laws of Florida, amending section 921.001(5), Florida Statutes, is not applicable to appellate review of sentences for offenses committed prior to July 1, 1987.
The Fourth District Court of Appeal certified a question regarding the applicability of a statutory amendment to sentences for offenses committed befo…
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EHRLICH, Chief Justice.
We have for review Abt v. State, 528 So. 2d 112 (Fla. 4th DCA 1988), in which the district court certified its decision as being in conflict with decisions of the Third District Court of Appeal, State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988), and McGriff v. State, 528 So. 2d 396 (Fla. 3d DCA 1988), approved, 537 So. 2d 107 (Fla.1989), and joined the First and Third Districts in certifying the following question to this Court:
WHETHER THAT PORTION OF CHAPTER 87-110, LAWS OF FLORIDA, WHICH AMENDS SECTION 921.-001(5), FLORIDA STATUTES, IS APPLICABLE TO APPELLATE REVIEW OF SENTENCES IMPOSED FOR OFFENSES WHICH WERE COMMITTED PRIOR TO JULY 1, 1987.
528 So. 2d at 398. We have jurisdiction, article V, section 3(b)(4), Florida Constitution.
We recently answered this question in the negative and approved the Third District’s decision in McGriff, 537 So. 2d at 108. Accordingly, on the authority of that decision, we quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
overton, McDonald, shaw, BARKETT, GRIMES and KOGAN, JJ., concur.
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Sitar v. State, 548 So. 2d 1115 (Fla. 1989)…la.1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court in this case directly relied on its prior opinion in Abt v. State, 528 So. 2d 112 (Fla. 4th DCA 1988), which subsequently has been quashed by this Court. Abt v. State, 541 So. 2d 614 (Fla.1989) (citing McGriff). Accordingly, we quash the opinion below and remand for reconsideration in light of this Court’s holdings in McGriff and Abt. It is so ordered. [*1116] EHRLICH, C.J., and OVERTON, McDonald, SHAW, BARKETT and GRIMES, JJ…
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ABT v. State, 560 So. 2d 334 (Fla. 4th DCA 1990)…l court’s departure from the guidelines based upon appellant’s escalating pattern of criminal conduct and that this one reason furnished sufficient grounds therefor under the amendment to section 921.001(5), Florida Statutes (1987). In Abt v. State, 541 So. 2d 614 (Fla.1988), the supreme court reversed this court’s decision and held that the amendment to section 921.001(5) applied only to offenses committed after its effective date. On remand, the trial court again sentenced appellant to twenty-five years in…
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Davis v. State, 549 So. 2d 187 (Fla. 1989)…r offenses which were committed prior to July 1, 1987? Id. at 823. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have answered the certified question in the negative in State v. McGriff, 537 So. 2d 107 (Fla.1989). Accord Abt v. State, 541 So. 2d 614 (Fla.1989). Thus, we quash the opinion below and remand for reconsideration in light of our holding in McGriff We do not address the issues raised in the briefs lying beyond the scope of the certified question. It is so ordered. EHRLICH, C.J., a…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. McGRIFF, 537 So. 2d 107 (Fla. 1989)
- State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988)
- ABT v. State, 528 So. 2d 112 (Fla. 4th DCA 1988)
- McGRIFF v. State, 528 So. 2d 396 (Fla. 3d DCA 1988)