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480 So. 2d 672

480 So.2d 672

10 Fla.L.Weekly 2747

Davis v. State

District Court of Appeal of Florida

Decided December 11, 1985

District Court of Appeal of Florida · decided 1985-12-11

Cited by 2 later decisions — most recently December 1985

2 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-11

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PER CURIAM.

¶1In our initial opinion of August 16, 1985, we reversed appellant’s sentence on the ground that the trial court’s application of the guidelines rule in effect at the time of sentencing, rather than the rule in effect when the crimes were committed, was unlawful. Since that date, the Florida Supreme Court issued its opinion in State v. Jackson, 478 So.2d 1054 (Fla.1985), in which it stated that a modification in the sentencing guidelines procedure is merely a procedural change which does not require the application of the ex post facto doctrine. The court remanded Jacksonfor resentencing under the guidelines in effect at the time of sentencing. . Therefore, on the authority of Jackson, we withdraw our initial opinion and affirm appellant’s sentence.

¶2Affirmed.

RYDER, C.J., and SCHEB and FRANK, JJ., concur.
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