Supreme Court of Florida, 1986

State v. Hurst

Supreme Court of Florida · Decided May 8, 1986 · Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

487 So. 2d 1069; 11 Fla. L. Weekly 214; 1986 Fla. LEXIS 1976 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Hurst v. State (Fla. Dist. Ct. App. 1986)
Hendry v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We review Hurst v. State, 474 So.2d 280 (Fla. 5th DCA 1985), because of express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

The district court ruled that the trial judge erred by applying the committee notes to the sentencing guidelines in effect at the time of sentencing, not those in effect at the time the offenses were committed. We disagree and, on the authority of Jackson, quash the district court decision and remand for proceedings not inconsistent with this opinion.

It is so ordered.

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

Concurring Opinion

BARKETT, Justice,

concurring specially.

I concur only because this case is controlled by our decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985). Justice Ehrlich’s dissenting opinion in that case repre*1070sents, in my view, the correct position on this issue.

EHRLICH and SHAW, JJ., concur.

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