State v. Arnett

Supreme Court of Florida
State v. Arnett, 490 So. 2d 40 (Fla. 1986)
11 Fla. L. Weekly 214; 1986 Fla. LEXIS 2175
Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

State v. Arnett

Opinion of the Court

PER CURIAM.

We review Arnett v. State, 471 So.2d 547 (Fla. 4th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.

The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jackson and remand for proceedings consistent with this opinion.

It is so ordered.

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

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.

Reference

Full Case Name
STATE of Florida v. Ben ARNETT
Cited By
1 case
Status
Published