Supreme Court of Florida, 1986

State v. Taft

State v. Taft
Supreme Court of Florida · Decided May 8, 1986 · Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw
487 So. 2d 1068; 11 Fla. L. Weekly 213; 1986 Fla. LEXIS 1977 (Southern Reporter, Second Series)

State v. Taft

Opinion of the Court

ADKINS, Justice.

In Taft v. State, 468 So.2d 472 (Fla. 4th DCA 1985), the court vacated Taft’s sentence because he was 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. In State v. Jackson, 478 So.2d 1054 (Fla. 1985), we held that the trial court may sentence a defendant pursuant to the guidelines in effect at the time of sentenc: ing.

Accordingly, the decision of the district court is quashed.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD and SHAW, JJ., concur. EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs. BARKETT, J., concurs specially with an opinion.

Concurring Opinion

BARKETT, Justice,

concurring specially.

I concur because this case is controlled by the decision of this Court in State v. Jackson, 478 So.2d 1054 (Fla. 1985). I agree, however, with Justice Ehrlich’s dissent in that case which concludes that ex post facto protection should apply to the sentencing guidelines.

Concurring Opinion

EHRLICH, Justice,

concurring specially.

I concur because of this Court’s decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985), but I adhere to the views expressed in my dissent therein.

SHAW, J., concurs.

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