State v. Miller, No. 67276

CourtUnited States State Supreme Court of Florida
Writing for the CourtADKINS; BOYD; EHRLICH, J., concurs specially with an opinion, in which SHAW; EHRLICH; SHAW
Citation11 Fla. L. Weekly 213,488 So.2d 820
Parties11 Fla. L. Weekly 213 STATE of Florida, Petitioner, v. James Ernest MILLER, Respondent.
Docket NumberNo. 67276
Decision Date08 May 1986

Page 820

488 So.2d 820
11 Fla. L. Weekly 213
STATE of Florida, Petitioner,
v.
James Ernest MILLER, Respondent.
No. 67276.
Supreme Court of Florida.
May 8, 1986.
Rehearing Denied June 24, 1986.

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.

ADKINS, Justice.

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.

BOYD, C.J., and OVERTON and McDONALD, JJ., concur.

EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

EHRLICH, Justice, concurring specially.

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.

SHAW, J., concurs.

To continue reading

Request your trial
6 practice notes
  • Miller v. Florida, No. 86-5344
    • United States
    • United States Supreme Court
    • June 9, 1987
    ...presumptive sentence range. Moreover, the revised guidelines directly and adversely affect the sentence petitioner receives. Pp. 433-435. 488 So.2d 820, reversed and remanded. O'CONNOR, J., delivered the opinion for a unanimous Court. Anthony Calvello, West Palm Beach, Fla., for petitioner.......
  • Brown v. State, No. 88-1291
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1988
    ...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......
  • Gollwitzer v. State, No. 86-2030
    • United States
    • Court of Appeal of Florida (US)
    • July 23, 1987
    ...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, ......
  • Delap v. State, No. 68266
    • United States
    • Florida Supreme Court
    • March 26, 1987
    ...the motion, the files, and the record, we agree that no evidentiary hearing was required. Fla.R.Crim.P. 3.850; State v. Zeigler, 488 So.2d 820 (Fla.1986); Mann v. State, 482 So.2d 1360 Delap first contends that trial counsel rendered ineffective assistance in failing to adequately cross-exa......
  • Request a trial to view additional results
6 cases
  • Miller v. Florida, No. 86-5344
    • United States
    • United States Supreme Court
    • June 9, 1987
    ...presumptive sentence range. Moreover, the revised guidelines directly and adversely affect the sentence petitioner receives. Pp. 433-435. 488 So.2d 820, reversed and remanded. O'CONNOR, J., delivered the opinion for a unanimous Court. Anthony Calvello, West Palm Beach, Fla., for petitioner.......
  • Brown v. State, No. 88-1291
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1988
    ...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......
  • Gollwitzer v. State, No. 86-2030
    • United States
    • Court of Appeal of Florida (US)
    • July 23, 1987
    ...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, ......
  • Delap v. State, No. 68266
    • United States
    • Florida Supreme Court
    • March 26, 1987
    ...the motion, the files, and the record, we agree that no evidentiary hearing was required. Fla.R.Crim.P. 3.850; State v. Zeigler, 488 So.2d 820 (Fla.1986); Mann v. State, 482 So.2d 1360 Delap first contends that trial counsel rendered ineffective assistance in failing to adequately cross-exa......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT