State v. Milton

Supreme Court of Florida

State v. Milton

475 So. 2d 670, 10 Fla. L. Weekly 362, 1985 Fla. LEXIS 3477

CourtSupreme Court of Florida

DecidedJuly 3, 1985

DocketNo. 66393

StatusPublished

Cited by1 cases

This text of 475 So. 2d 670 (State v. Milton) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Milton, 475 So. 2d 670, 10 Fla. L. Weekly 362, 1985 Fla. LEXIS 3477 (Fla. 1985).

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Opinion

ADKINS Justice.

We have for consideration the following question certified to us in Milton v. State, 461 So.2d 127 (Fla. 5th DCA 1985), as one of great public importance:

[671]*671Is a defendant who was placed on probation before October 1, 1983, entitled to elect to be sentenced under the sentencing guidelines after October 1, 1983, upon a revocation of his probation?

The same question was certified to us in Boyett v. State, 452 So.2d 958 (Fla. 2d DCA 1984). In that case, we answered the question in the affirmative. State v. Boyett, 467 So.2d 997 (Fla.1985). We adhere to our holding in Boyett and thus approve the decision of the Fifth District Court of Appeal.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.

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