Supreme Court of Florida, 1986

State v. Mott

Supreme Court of Florida · Decided May 22, 1986 · Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

488 So. 2d 535; 11 Fla. L. Weekly 229; 1986 Fla. LEXIS 2127 (Southern Reporter, Second Series)

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.

EHRLICH, J., concurs.

Opinion of the Court

PER CURIAM.

We granted review of Mott v. State, 469 So.2d 946 (Fla. 5th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). Art. V, § 3(b)(3), Fla. Const.

We quash the decision below and remand for proceedings consistent with Jackson.

It is so ordered.

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

Dissenting Opinion

SHAW, Justice,

dissenting.

I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So.3d 1054, 1057 (Fla. 1985).

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