State v. Tisdale
State v. Tisdale
Opinion of the Court
In Tisdale v. State, 475 So.2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale’s sentence, finding error in the trial court’s application of the guidelines in effect at the time of sentencing rather than at the time of the crime’s commission. We have jurisdiction based on conflict. Art. V, § 3(b)(3), Fla. Const.
In State v. Jackson, 478 So.2d 1054 (Fla. 1985), we found that the guidelines in effect at the time of sentencing may properly be applied to determine a defendant’s sentence. See State v. Taft, 487 So.2d 1068 (Fla. 1986).
We therefore quash the opinion here under review.
It is so ordered.
Dissenting Opinion
dissenting.
I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So.2d 1054 (Fla. 1985).
Concurring Opinion
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.
Reference
- Full Case Name
- STATE of Florida v. Jesse James TISDALE
- Status
- Published