State v. Richardson

Supreme Court of Florida

State v. Richardson

491 So. 2d 270, 11 Fla. L. Weekly 356, 1986 Fla. LEXIS 2405

CourtSupreme Court of Florida

DecidedJuly 17, 1986

DocketNo. 67560

StatusPublished

This text of 491 So. 2d 270 (State v. Richardson) 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. Richardson, 491 So. 2d 270, 11 Fla. L. Weekly 356, 1986 Fla. LEXIS 2405 (Fla. 1986).

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Opinions

PER CURIAM.

We have for review Richardson v. State, 472 So.2d 1278 (Fla. 1st DCA 1985), which expressly and directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The district court below vacated Richardson’s sentence, holding, contrary to our decision in Jackson, that application of sentencing guidelines in effect at the time of sentencing, rather than those in effect at the time of the offense, violated the prohibition against ex post facto laws, article I, sections 9 and 10, United States Constitution. On the authority of Jackson, we quash the district court’s decision and remand for proceedings consistent with this opinion.

It is so ordered.

McDonald, C.J., and ADKINS, BOYD, OVERTON and BARKETT, JJ., concur. EHRLICH, J., concurs specially with an opinion. SHAW, J., dissents with an opinion.

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