Public-domain · open source
OpenJurist

487 So. 2d 1069

487 So.2d 1069

11 Fla.L.Weekly 214

State v. Hurst

Supreme Court of Florida

Decided May 8, 1986

Supreme Court of Florida · decided 1986-05-08

Cited by 2 later decisions — most recently July 1986

2 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 474 So. 2d 280 - Hurst v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-08

View the full empirical analysis of this case →

PER CURIAM.

¶1We review Hurst v. State, 474 So.2d 280 (Fla. 5th DCA 1985), because of express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

¶2The district court ruled that the trial judge erred by applying the committee notes to the sentencing guidelines in effect at the time of sentencing, not those in effect at the time the offenses were committed. We disagree and, on the authority of Jackson, quash the district court decision and remand for proceedings not inconsistent with this opinion.

¶3It 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,

¶4concurring specially.

¶5I concur only because this case is controlled by our decision in State v. Jackson, 478 So.2d 1054 (Fla.1985). Justice Ehrlich’s dissenting opinion in that case repre*1070sents, in my view, the correct position on this issue.

¶6EHRLICH and SHAW, JJ., concur.

/487/so2d/1069 · .json · Public domain