State v. Fletcher

Supreme Court of Florida
State v. Fletcher, 491 So. 2d 273 (Fla. 1986)
11 Fla. L. Weekly 356; 1986 Fla. LEXIS 2324
Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

State v. Fletcher

Opinion of the Court

PER CURIAM.

We have for review Fletcher v. State, 468 So.2d 428 (Fla. 4th DCA 1985), which expressly and directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The district court below vacated Fletcher’s sentence, holding, contrary to our decision in Jackson, that Fletcher was entitled to be sentenced under the sentencing guidelines in effect at the time the offenses were committed. On the authority of Jackson, we quash the district court’s decision and remand for proceedings consistent with this opinion.

It is so ordered.

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

Concurring Opinion

EHRLICH, Justice,

specially concurring.

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.

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. Ellis C. FLETCHER
Status
Published