State v. Pete

Supreme Court of Florida

State v. Pete

493 So. 2d 450, 11 Fla. L. Weekly 464, 1986 Fla. LEXIS 2590

CourtSupreme Court of Florida

DecidedSeptember 4, 1986

DocketNo. 68030

StatusPublished

This text of 493 So. 2d 450 (State v. Pete) 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.

Bluebook

State v. Pete, 493 So. 2d 450, 11 Fla. L. Weekly 464, 1986 Fla. LEXIS 2590 (Fla. 1986).

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Opinions

ADKINS, Justice.

We have for review Pete v. State, 478 So.2d 375 (Fla. 2d DCA 1985), in which the district court held that the trial court had improperly applied the sentencing guidelines in effect at the time of sentencing rather than those in force at the time of the offense. The decision conflicts with our decision of State v. Jackson, 478 So.2d 1054 (Fla.1985), and we have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

In Jackson, we held that the trial court may sentence a defendant pursuant to guidelines in effect at the time of sentencing.

Accordingly, the decision of the district court is quashed.

It is so ordered.

McDonald, C.J., and BOYD, OVER-TON, EHRLICH and BARKETT, JJ., concur. • SHAW, J., dissents with an opinion.

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