Wilkerson v. State

Decision Date18 September 1986
Docket NumberNo. 68181,68181
Citation11 Fla. L. Weekly 489,494 So.2d 210
Parties11 Fla. L. Weekly 489 Terry Joe WILKERSON, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

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 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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5 cases
  • Gollwitzer v. State, 86-2030
    • United States
    • Court of Appeal of Florida (US)
    • July 23, 1987
    ...831 (Fla.1987), 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, howev......
  • Patterson v. State
    • United States
    • United States State Supreme Court of Florida
    • October 15, 1987
    ...amended 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 P......
  • Van Horn v. State
    • United States
    • United States State Supreme Court of Florida
    • December 4, 1986
    ...pursuant 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. ...
  • Wilkerson v. State
    • United States
    • United States State Supreme Court of Florida
    • October 8, 1987
    ...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......
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