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489 So. 2d 1130

State v. Moore

Supreme Court of Florida

Decided June 26, 1986

Supreme Court of Florida · decided 1986-06-26

Relies on 478 So. 2d 1054 - State v. Jackson · 469 So. 2d 947 - Moore v. State · 487 So. 2d 294 - State v. Taylor

Decided 1986-06-26

PER CURIAM.

¶1We have for review Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985), which directly and expressly conflicts with State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2The sole issue raised by the parties is whether a 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.

¶3It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD and EHRLICH, JJ., concur.BARKETT, J., concurs specially with an opinion, in which EHRLICH, J., concurs.SHAW, J., dissents with an opinion.
BARKETT, Justice,

¶4concurring specially.

¶5I concur because this case is governed by our decision in State v. Jackson, 478 So.2d 1054 (Fla.1985). Nevertheless, I am persuaded that Justice Ehrlich’s dissent in Jacksonsets forth the correct view on this issue.

¶6EHRLICH, J., concurs.

SHAW, Justice,

¶7dissenting.

¶8I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So.2d 1054 (Fla.1985).

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