State v. Arnett

Supreme Court of Florida

State v. Arnett

490 So. 2d 40, 11 Fla. L. Weekly 214, 1986 Fla. LEXIS 2175

Supreme Court of Florida·Decided May 8, 1986·No. No. 67478·Published·Cited by 1 cases

Opinions

PER CURIAM.

We review Arnett v. State, 471 So.2d 547 (Fla. 4th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.

The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jackson and remand for proceedings consistent with this opinion.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD and BARKETT, JJ., concur. EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

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PER CURIAM.

We review Arnett v. State, 471 So.2d 547 (Fla. 4th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.

The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jackson and remand for proceedings consistent with this opinion.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD and BARKETT, JJ., concur. EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

State v. Arnett, 490 So. 2d 40, 11 Fla. L. Weekly 214, 1986 Fla. LEXIS 2175 (Fla. 1986).

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