Supreme Court of Florida, 1990

Ferguson v. State

Supreme Court of Florida · Decided September 6, 1990 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

566 So. 2d 255; 15 Fla. L. Weekly Supp. 450; 1990 Fla. LEXIS 1105; 1990 WL 130214 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

McPherson v. State (Fla. 1990)
Robinson v. State (Fla. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BARKETT, Judge.

We have for review Ferguson v. State, 548 So.2d 1183 (Fla. 5th DCA 1989), which is in express and direct conflict with the Second District Court of Appeal’s decision in Crigler v. State, 526 So.2d 176 (Fla. 2d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

The issue here was resolved adversely to the state in Pope v. State, 561 So.2d 554 (Fla. 1990). For the reasons stated in Pope, we quash the decision of the district court and remand with directions to impose a guidelines sentence.

It is so ordered.

SHAW, C.J., and OVERTON, MCDONALD, EHRLICH, GRIMES and KOGAN, JJ., concur.

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