State v. Pete

Supreme Court of Florida
State v. Pete, 493 So. 2d 450 (Fla. 1986)
11 Fla. L. Weekly 464; 1986 Fla. LEXIS 2590
Adkins, Barkett, Boyd, Ehrlich, McDonald, Over, Shaw, Ton

State v. Pete

Opinion of the Court

ADKINS, Justice.

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.

McDonald, C.J., and BOYD, OVER-TON, EHRLICH and BARKETT, JJ., concur. • SHAW, J., dissents with an opinion.

Dissenting Opinion

SHAW, Justice,

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