State v. Moore

Supreme Court of Florida
State v. Moore, 489 So. 2d 1130 (Fla. 1986)
1986 Fla. LEXIS 2270
Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

State v. Moore

Opinion of the Court

PER CURIAM.

We have for review Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985), which directly and expressly conflicts with State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The sole issue raised by the parties is whether a trial court should apply the sentencing guidelines in effect at the time of the offense or those in effect at the time of sentencing. The district court opted for the former view. In Jackson, we adopted the latter view. Moreover, in State v. Taylor, 487 So.2d 294 (Fla. 1986), we specifically disapproved the district court decision before us today. Accordingly, we quash the decision below and remand for proceedings consistent with this opinion.

It is so ordered.

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

Concurring Opinion

BARKETT, Justice,

concurring specially.

I concur because this case is governed by our decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985). Nevertheless, I am persuaded that Justice Ehrlich’s dissent in Jackson sets forth the correct view on this issue.

EHRLICH, J., concurs.

Dissenting Opinion

SHAW, Justice,

dissenting.

I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So.2d 1054 (Fla. 1985).

Reference

Full Case Name
STATE of Florida v. Gary MOORE
Status
Published