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490 So. 2d 40

490 So.2d 40

11 Fla.L.Weekly 214

State v. Arnett

Supreme Court of Florida

Decided May 8, 1986

Supreme Court of Florida · decided 1986-05-08

Relies on 478 So. 2d 1054 - State v. Jackson · 471 So. 2d 547 - Arnett v. State

Decided 1986-05-08

PER CURIAM.

¶1We review Arnett v. State, 471 So.2d 547 (Fla. 4th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.

¶2The district court below held, inter alia, that sentencing guidelines in effect at the time of sentencing, but not in effect at the time the offense was committed, could not be applied. We quash the portion of the decision so holding on the authority of Jacksonand remand for proceedings consistent with this opinion.

¶3It is so ordered.

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

¶4concurring specially.

¶5I concur because of this Court’s decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985), but I adhere to the views expressed in my dissent therein.

¶6SHAW, J., concurs.

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