Public-domain · open source
OpenJurist

474 So. 2d 1199

474 So.2d 1199

10 Fla.L.Weekly 403

Keene v. State

District Court of Appeal of Florida

Decided February 12, 1985

District Court of Appeal of Florida · decided 1985-02-12

Relies on 455 So. 2d 535 - Moore v. State · 462 So. 2d 49 - Johnson v. State · 458 So. 2d 1219 - Coates v. State

Decided 1985-02-12

PER CURIAM.

¶1AFFIRMED. Jones v. State, 459 So.2d 1151 (Fla. 1st DCA 1984); Coates v. State, 458 So.2d 1219 (Fla. 1st DCA 1984); Moore v. State, 455 So.2d 535 (Fla. 1st DCA 1984); Johnson v. State, 462 So.2d 49 (Fla. 1st DCA 1984).

¶2We certify to the Florida Supreme Court the following question as one of great public importance:

WHETHER A DEFENDANT’S CONSTITUTIONAL RIGHT OF PROTECTION AGAINST EX POST FACTO LAWS IS VIOLATED WHEN HE AFFIRMATIVELY SELECTS, PURSUANT TO SECTION 921.001(4)(a), FLORIDA STATUTES (1983), TO BE SENTENCED PURSUANT TO THE GUIDELINES BUT THERE IS NO SHOWING IN THE RECORD THAT THE COURT EXPLAINED THAT BY SELECTING GUIDELINES SENTENCING THE DEFENDANT WAIVES HIS ELIGIBILITY FOR PAROLE.
ERVIN, C.J., and MILLS and ZEHMER, JJ., concur.
/474/so2d/1199 · .json · Public domain