State v. Tisdale

Supreme Court of Florida
State v. Tisdale, 492 So. 2d 1071 (Fla. 1986)
11 Fla. L. Weekly 441; 1986 Fla. LEXIS 2532
Adkins, Barkett, Boyd, Ehrlich, McDonald, Over, Shaw, Ton

State v. Tisdale

Opinion of the Court

ADKINS, Justice.

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.

McDonald, C.J., and BOYD, OVER-TON and BARKETT, JJ., concur. EHRLICH, J., concurs specially with an opinion. 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.2d 1054 (Fla. 1985).

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.

Reference

Full Case Name
STATE of Florida v. Jesse James TISDALE
Status
Published