Opinion
No. 67275.
July 17, 1986.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Fourth District — Case No. 84-2412.
Jim Smith, Atty. Gen. and Georgina Jamenez-Orosa, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.
We have for review Fletcher v. State, 468 So.2d 428 (Fla. 4th DCA 1985), which expressly and directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
The district court below vacated Fletcher's sentence, holding, contrary to our decision in Jackson, that Fletcher was entitled to be sentenced under the sentencing guidelines in effect at the time the offenses were committed. On the authority of Jackson, we quash the district court's decision and remand for proceedings consistent with this opinion.
It is so ordered.
McDONALD, C.J., and ADKINS, BOYD, OVERTON and BARKETT, JJ., concur.
EHRLICH, J., concurs specially with an opinion.
SHAW, J., dissents with an opinion.
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.
I dissent for the reasons set forth in Justice Ehrlich's dissent to State v. Jackson, 478 So.2d 1054 (Fla. 1985).