Wilkerson v. State, No. 68181

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; McDONALD
Citation513 So.2d 664,12 Fla. L. Weekly 513
Parties12 Fla. L. Weekly 513 Terry Joe WILKERSON, Petitioner, v. STATE of Florida, Respondent.
Docket NumberNo. 68181
Decision Date08 October 1987

Page 664

513 So.2d 664
12 Fla. L. Weekly 513
Terry Joe WILKERSON, Petitioner,
v.
STATE of Florida, Respondent.
No. 68181.
Supreme Court of Florida.
Oct. 8, 1987.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender,

Page 665

Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Royall P. Terry, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment. * In Wilkerson v. State, 494 So.2d 210 (Fla.1986), this Court followed State v. Jackson, 478 So.2d 1054 (Fla.1985), and held that Wilkerson should be 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. The Supreme Court vacated the judgment and remanded the case for further consideration in light of Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), which held that utilizing the guidelines in effect at the time of sentencing violated the ex post facto clause of article I of the United States Constitution. Therefore, we vacate Wilkerson's sentence and remand the case to the circuit court with directions to resentence Wilkerson pursuant to the sentencing guidelines which were in effect at the time the offense was committed. We also recede from State v. Jackson to the extent that it conflicts with Miller v. Florida.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

---------------

* 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987).

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26 practice notes
  • Felts v. State, No. BJ-413
    • United States
    • Court of Appeal of Florida (US)
    • January 14, 1988
    ...53 L.Ed.2d 344 (1977), rather than Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), and Wilkerson v. Florida, 513 So.2d 664 (Fla.1987), because the ex post facto clauses do not restrict "legislative control of remedies and modes of procedure which do not affect matter......
  • Stewart v. State, No. 70015
    • United States
    • United States State Supreme Court of Florida
    • August 31, 1989
    ...in the sentencing guidelines context, see State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987), while permitting much greater laxness in the context of the imposition of the death penalty. Surely the greatest of society's c......
  • Bryant v. State, No. SC12–1507.
    • United States
    • United States State Supreme Court of Florida
    • October 9, 2014
    ...apply.”). Moreover, in State v. Alfred Floyd Jackson, 478 So.2d 1054, 1055 (Fla.1985)receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987), we rejected the argument that oral statements made by the trial judge during sentencing are sufficient to justify departure from ......
  • Nixon v. State, No. 67583
    • United States
    • Florida Supreme Court
    • November 29, 1990
    ...other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987). However, we have held reasons 1 (emotional trauma) and 2 (escalating criminal conduct) to be clear and convincing under appropr......
  • Request a trial to view additional results
26 cases
  • Felts v. State, No. BJ-413
    • United States
    • Court of Appeal of Florida (US)
    • January 14, 1988
    ...53 L.Ed.2d 344 (1977), rather than Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), and Wilkerson v. Florida, 513 So.2d 664 (Fla.1987), because the ex post facto clauses do not restrict "legislative control of remedies and modes of procedure which do not affect matter......
  • Stewart v. State, No. 70015
    • United States
    • United States State Supreme Court of Florida
    • August 31, 1989
    ...in the sentencing guidelines context, see State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987), while permitting much greater laxness in the context of the imposition of the death penalty. Surely the greatest of society's c......
  • Bryant v. State, No. SC12–1507.
    • United States
    • United States State Supreme Court of Florida
    • October 9, 2014
    ...apply.”). Moreover, in State v. Alfred Floyd Jackson, 478 So.2d 1054, 1055 (Fla.1985)receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987), we rejected the argument that oral statements made by the trial judge during sentencing are sufficient to justify departure from ......
  • Nixon v. State, No. 67583
    • United States
    • Florida Supreme Court
    • November 29, 1990
    ...other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987). However, we have held reasons 1 (emotional trauma) and 2 (escalating criminal conduct) to be clear and convincing under appropr......
  • Request a trial to view additional results

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