Wilkerson v. State
Decision Date | 08 October 1987 |
Docket Number | No. 68181,68181 |
Citation | 513 So.2d 664,12 Fla. L. Weekly 513 |
Parties | 12 Fla. L. Weekly 513 Terry Joe WILKERSON, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., and Royall P. Terry, Jr., Asst. Atty. Gen., Tallahassee, for respondent.
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.
To continue reading
Request your trial-
Felts v. State
...2290, 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 ......
-
Stewart v. State, 70015
...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......
-
Nixon v. State
...on 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 appr......
-
Bryant v. State
...not 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 f......