Opinion
No. 67478.
May 8, 1986. Rehearing Denied July 16, 1986.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fourth District — Case Nos. 84-1881 and 84-1890.
Jim Smith, Atty. Gen. and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, 15th Judicial Circuit, West Palm Beach, for respondent.
We review Arnett v. State, 471 So.2d 547 (Fla. 4th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.
The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jackson and remand for proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD and BARKETT, JJ., concur.
EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.
I concur because of this Court's decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985), but I adhere to the views expressed in my dissent therein.
SHAW, J., concurs.