Wilkerson v. State, No. 68181
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ADKINS; McDONALD |
| Citation | 11 Fla. L. Weekly 489,494 So.2d 210 |
| Decision Date | 18 September 1986 |
| Docket Number | No. 68181 |
| Parties | 11 Fla. L. Weekly 489 Terry Joe WILKERSON, Petitioner, v. STATE of Florida, Respondent. |
Page 210
v.
STATE of Florida, Respondent.
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance.
Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Jim Smith, Atty. Gen., and Royall P. Terry, Jr., Asst. Atty. Gen., Tallahassee, for respondent.
ADKINS, Justice.
The district court in Wilkerson v. State, 480 So.2d 213 (Fla. 1st DCA 1985), applied our decision of State v. Jackson, 478 So.2d 1054 (Fla.1985), and upheld petitioner's sentencing according to the guidelines in effect at the time of sentencing rather than those in force at the date of the original offense. In so doing, however, the court certified the following question as one of great public importance:
WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURAL IN NATURE SO THAT THE GUIDELINES AS MOST RECENTLY AMENDED SHALL BE APPLIED AT THE TIME OF SENTENCING WITHOUT REGARD TO THE EX POST FACTO DOCTRINE.
480 So.2d at 215. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In Jackson, we found no ex post facto violation in imposing the guidelines as amended subsequent to the original offense, noting that "the presumptive sentence established by the guidelines does not change the statutory limits of the sentence imposed for a particular offense." 478 So.2d at 1056. We therefore answer the
Page 211
certified question in the affirmative and affirm the opinion here under review.It is so ordered.
McDONALD, C.J., and BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Gollwitzer v. State, No. 86-2030
...vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So.2d 426 (Fla.1986); Wilkerson v. State, 494 So.2d 210 (Fla.1986), vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So.2d 1054 (Fla.1985). Recently, however, the United S......
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Patterson v. State, No. 68608
...have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the certified question in the affirmative in Wilkerson v. State, 494 So.2d 210 (Fla.1986), on the authority of Jackson. In accordance therewith, we approve the result reached by the district It is so ordered. McDONALD, C......
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Patterson v. State, No. 68608
...guidelines which would apply on resentencing under Jackson. The court certified the same question certified in Wilkerson v. State, 494 So.2d 210, 210 (Fla.1986), vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURA......
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Van Horn v. State, No. 68616
...to article V, section 3(b)(4) of the Florida Constitution. We recently answered this question in the affirmative in Wilkerson v. State, 494 So.2d 210 (1986). Accordingly, the decision below is It is so ordered. McDONALD, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur. ...
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Gollwitzer v. State, No. 86-2030
...vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So.2d 426 (Fla.1986); Wilkerson v. State, 494 So.2d 210 (Fla.1986), vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So.2d 1054 (Fla.1985). Recently, however, the United S......
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Patterson v. State, No. 68608
...have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the certified question in the affirmative in Wilkerson v. State, 494 So.2d 210 (Fla.1986), on the authority of Jackson. In accordance therewith, we approve the result reached by the district It is so ordered. McDONALD, C......
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Patterson v. State, No. 68608
...guidelines which would apply on resentencing under Jackson. The court certified the same question certified in Wilkerson v. State, 494 So.2d 210, 210 (Fla.1986), vacated, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURA......
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Van Horn v. State, No. 68616
...to article V, section 3(b)(4) of the Florida Constitution. We recently answered this question in the affirmative in Wilkerson v. State, 494 So.2d 210 (1986). Accordingly, the decision below is It is so ordered. McDONALD, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur. ...