Florida District Courts of Appeal, 1985

Keene v. State

Keene v. State
Florida District Courts of Appeal · Decided February 12, 1985 · Ervin, Mills, Zehmer
474 So. 2d 1199; 10 Fla. L. Weekly 403; 1985 Fla. App. LEXIS 12332 (Southern Reporter, Second Series)

Keene v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. Jones v. State, 459 So.2d 1151 (Fla. 1st DCA 1984); Coates v. State, 458 So.2d 1219 (Fla. 1st DCA 1984); Moore v. State, 455 So.2d 535 (Fla. 1st DCA 1984); Johnson v. State, 462 So.2d 49 (Fla. 1st DCA 1984).

We certify to the Florida Supreme Court the following question as one of great public importance:

WHETHER A DEFENDANT’S CONSTITUTIONAL RIGHT OF PROTECTION AGAINST EX POST FACTO LAWS IS VIOLATED WHEN HE AFFIRMATIVELY SELECTS, PURSUANT TO SECTION 921.001(4)(a), FLORIDA STATUTES (1983), TO BE SENTENCED PURSUANT TO THE GUIDELINES BUT THERE IS NO SHOWING IN THE RECORD THAT THE COURT EXPLAINED THAT BY SELECTING GUIDELINES SENTENCING THE DEFENDANT WAIVES HIS ELIGIBILITY FOR PAROLE.
ERVIN, C.J., and MILLS and ZEHMER, JJ., concur.

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