State v. Pete
State v. Pete
Opinion of the Court
We have for review Pete v. State, 478 So.2d 375 (Fla. 2d DCA 1985), in which the district court held that the trial court had improperly applied the sentencing guidelines in effect at the time of sentencing rather than those in force at the time of the offense. The decision conflicts with our decision of State v. Jackson, 478 So.2d 1054 (Fla. 1985), and we have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
In Jackson, we held that the trial court may sentence a defendant pursuant to guidelines in effect at the time of sentencing.
Accordingly, the decision of the district court is quashed.
It is so ordered.
Dissenting Opinion
dissenting.
I dissent for the reasons set forth by Justice Ehrlich in his dissent to State v. Jackson, 478 So.2d 1054 (Fla. 1985).
Reference
- Full Case Name
- STATE of Florida v. Linda PETE, etc.
- Status
- Published