State v. Miller
| Decision Date | 08 May 1986 |
| Docket Number | No. 67276,67276 |
| Parties | 11 Fla. L. Weekly 213 STATE of Florida, Petitioner, v. James Ernest MILLER, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District of Appeal Direct Conflict of Decisions. Fourth District Case No. 84-2188.
Jim Smith, Atty. Gen. and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender, and Anthony Calvello and Gary Caldwell, Asst. Public Defenders, 15th Judicial Circuit, West Palm Beach, for respondent.
In Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985), the court vacated Miller's sentence because he was sentenced pursuant to the guidelines in effect at the time of sentencing as opposed to the guidelines in effect at the time the crime was committed. In State v. Jackson, 478 So.2d 1054 (Fla.1985), we held that the trial court may sentence a defendant pursuant to the guidelines in effect at the time of sentencing.
Accordingly, the decision of the district court is quashed.
It is so ordered.
I concur because of this Court's decision in State v. Jackson, 478 So.2d 1054 (Fla.1985), but I adhere to the views expressed in my dissent therein.
To continue reading
Request your trial
-
Miller v. Florida
...presumptive sentence range. Moreover, the revised guidelines directly and adversely affect the sentence petitioner receives. Pp. 433-435. 488 So.2d 820, reversed and O'CONNOR, J., delivered the opinion for a unanimous Court. Anthony Calvello, West Palm Beach, Fla., for petitioner. Joy B. Sh......
-
Brown v. State, 88-1291
...Brown v. State, 487 So.2d 392 (Fla. 1st DCA 1986). The Florida Supreme Court subsequently reached the same conclusion in State v. Miller, 488 So.2d 820 (Fla.1986). However, in Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), the United States Supreme Court reversed th......
- Delap v. State, 68266
-
Gollwitzer v. State
...Court has corrected those holdings in Miller v. Florida, 482 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 Accordingly, we reverse and remand for resentencing. DAUKSCH and ORFINGER, ......