Opinion
No. 67,787.
August 21, 1986.
Application for Review of the Decision of the District Court of Appeal — Constitutional Construction, Fifth District — Case No. 84-1787.
Jim Smith, Atty. Gen. and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for petitioner.
James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.
In Tisdale v. State, 475 So.2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale's sentence, finding error in the trial court's application of the guidelines in effect at the time of sentencing rather than at the time of the crime's commission. We have jurisdiction based on conflict. Art. V, § 3(b)(3), Fla. Const.
In State v. Jackson, 478 So.2d 1054 (Fla. 1985), we found that the guidelines in effect at the time of sentencing may properly be applied to determine a defendant's sentence. See State v. Taft, 487 So.2d 1068 (Fla. 1986).
We therefore quash the opinion here under review.
It is so ordered.
McDONALD, C.J., and 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 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).