State v. Hall

Supreme Court of Florida March 14, 1996

State v. Hall, 669 So. 2d 1047 (Fla. 1996)

21 Fla. L. Weekly Supp. 119; 1996 Fla. LEXIS 435; 1996 WL 109983

Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells

Opinion of the Court

WELLS, Justice.

We have for review Hall v. State, 660 So.2d 406 (Fla. 1st DCA 1995), in which the district court addressed the same question we recently answered in State v. Peterson, 667 So.2d 199 (Fla. 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In Peterson, we held that under the sentencing guidelines, a conviction must be scored as prior record, without regard to whether an appeal is taken. In accordance with our decision in Peterson, we quash the decision of the district court in this case and direct that the sentence imposed by the trial court be affirmed.1

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ„ concur.

. If these convictions on appeal are subsequently overturned, Hall would, of course, be able to file for postconviction relief from the sentence.

Reference

Full Case Name: STATE of Florida v. Joseph J. HALL
Status: Published