Gollwitzer v. State

District Court of Appeal of Florida

Gollwitzer v. State

509 So. 2d 1373, 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 12119

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1987

DocketNo. 86-2030

StatusPublished

Cited by2 cases

This text of 509 So. 2d 1373 (Gollwitzer v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gollwitzer v. State, 509 So. 2d 1373, 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 12119 (Fla. Ct. App. 1987).

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Opinion

COBB, Judge.

In this case the trial court sentenced the appellant, William Scott Gollwitzer, based on the sentencing guidelines in effect at the time of the sentence. This was in accordance with the law as perceived by the Florida Supreme Court. See, e.g., Patterson v. State, 499 So.2d 831 (Fla.1987), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So.2d 426 (Fla.1986); Wilkerson v. State, 494 So.2d 210 (Fla.1986), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So.2d 1054 (Fla.1985). Recently, however, the United States Supreme Court has corrected those holdings in Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), reversing State v. Miller, 488 So.2d 820 (Fla.1985). The guidelines in effect at the time of the offense apply.

Accordingly, we reverse and remand for resentencing.

DAUKSCH and ORFINGER, JJ., concur.

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COBB, Judge.

In this case the trial court sentenced the appellant, William Scott Gollwitzer, based on the sentencing guidelines in effect at the time of the sentence. This was in accordance with the law as perceived by the Florida Supreme Court. See, e.g., Patterson v. State, 499 So.2d 831 (Fla.1987), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So.2d 426 (Fla.1986); Wilkerson v. State, 494 So.2d 210 (Fla.1986), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So.2d 1054 (Fla.1985). Recently, however, the United States Supreme Court has corrected those holdings in Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), reversing State v. Miller, 488 So.2d 820 (Fla.1985). The guidelines in effect at the time of the offense apply.

Accordingly, we reverse and remand for resentencing.

DAUKSCH and ORFINGER, JJ., concur.

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Bluebook (online)

509 So. 2d 1373, 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 12119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gollwitzer-v-state-fladistctapp-1987.

Opinion

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