Fletcher v. State

Full title: ELLIS C. FLETCHER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 29, 1985

468 So. 2d 428 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2412.

May 1, 1985. Rehearing Denied May 29, 1985.

Appeal from the Circuit Court, Martin County, C. Pfeiffer Trowbridge, J.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant Ellis Fletcher pled nolo contendere to a charge of grand theft and to a charge of possession of a controlled substance. Both offenses were committed prior to July 1, 1984.

On July 1, 1984, the sentencing guidelines, Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, were amended. On October 10, 1984, Fletcher was sentenced in accordance with the guidelines as amended July 1, 1984.

We vacate Fletcher's sentence, and remand for sentencing in accordance with the sentencing guidelines in effect prior to July 1, 1984. Fletcher is entitled to be sentenced under the sentencing guidelines in effect at the time he committed the offenses. Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985).

SENTENCE VACATED; CAUSE REMANDED.

LETTS, HERSEY and BARKETT, JJ.,