STATE OF FLORIDA, PETITIONER,
v.
LENARD TAYLOR, RESPONDENT
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PER CURIAM.
We review Taylor v. State, 474 So. 2d 285 (Fla. 5th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So. 2d 1054 (Fla.1985). Art. V, § 3(b)(3), Fla. Const. The issue is whether the trial court should apply those sentencing guidelines in effect at the time of the offense or those in effect at the time of the sentencing. The district court held that it is the former because application of the latter would violate the ex post facto doctrine. We disagree and quash the decision below. We also disapprove, in pertinent part, the case law relied on: Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985); Mott v. State, 469 So. 2d 946 (Fla. 5th DCA 1985); Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985). The case is remanded for proceedings consistent with this opinion and Jackson.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON and McDONALD, JJ., concur. BARKETT, J., concurs specially with an opinion, in which EHRLICH and SHAW, JJ., concur.
BARKETT, Justice,
concurring specially.
I concur because this case is controlled by the decision of this Court in State v. Jackson, 478 So. 2d 1054 (Fla.1985). I agree, however, with Justice Ehrlich’s dissent in that case which concludes that ex post facto protection should apply to the sentencing guidelines.
EHRLICH and SHAW, JJ., concur.
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Fennell v. State, 544 So. 2d 1017 (Fla. 1989)…when it is an element of the offense for which the defendant was con [*1018] victed.1 The Fourth District Court of Appeal affirmed Fennell’s sentence on the basis of Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), disapproved, State v. Taylor, 487 So. 2d 294 (Fla.1986). The district court relied upon Moore for the proposition that victim injury may be included in computing the scoresheet when the specific injury is charged in the information and demonstrated by the evidence. Moore, 469 So. 2d at 948-49.…
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State v. Moore, 489 So. 2d 1130 (Fla. 1986)…trial court should apply the sentencing guidelines in effect at the time of the offense or those in effect at the time of sentencing. The district court opted for the former view. In Jackson, we adopted the latter view. Moreover, in State v. Taylor, 487 So. 2d 294 (Fla.1986), we specifically disapproved the district court decision before us today. Accordingly, we quash the decision below and remand for proceedings consistent with this opinion. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, McDONALD an…
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Kelly v. State, 490 So. 2d 1336 (Fla. 1st DCA 1986)…sion of the crime are to be applied at sentencing, those decisions have been held abandoned by the Supreme Court’s decision in State v. Jackson, 478 So. 2d 1054 (Fla.1985). See Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985); State v. Taylor, 487 So. 2d 294 (Fla.1986). Therefore, it is the rule in effect at sentencing which should apply. However, even though Rule 3.701(d)(3) as amended at the time of Kelly’s sentencing required the use of a separate scoresheet for each offense and the utilization in s…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985)
- Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985)
- Mott v. State, 469 So. 2d 946 (Fla. 5th DCA 1985)
- Lenard Taylor v. State, 474 So. 2d 285 (Fla. 5th DCA 1985)