488 So. 2d 129
488 So.2d 129
11 Fla.L.Weekly 1127
District Court of Appeal of Florida
Decided May 13, 1986
District Court of Appeal of Florida · decided 1986-05-13
Key passage — most relied on by later courts
“... “The guidelines shall be applied to felonies, except capital felonies, committed on or before October 1, 1983, and to all felonies, except capital felonies and life felonies, committed prior to October 1, 1983, for which sentencing occurs after such date when the defendant affirmatively selects to be sentenced pursuant to the provisions of this act.””
quoted by 1 later decision, including 511 So. 2d 565 - Hill v. State
Relies on 470 So. 2d 764 - State v. Smith · 488 So. 2d 127 - Wade v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1986-05-13
Cited by 27 later decisions — most recently April 2019 · most notably Nusspickel v. State (2007), Howard v. State (2002)
27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We reject the defendant’s claim that he had a right to elect to be sentenced under the sentencing guidelines for life felonies committed prior to October 1, 1983. See. 921.001(4)(a), Fla.Stat. (1983); Wade v. State, 488 So.2d 127 (Fla. 3d DCA 1986); State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985).
¶2Affirmed.