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492 So. 2d 1071

492 So.2d 1071

11 Fla.L.Weekly 441

State v. Tisdale

Supreme Court of Florida

Decided August 21, 1986

Supreme Court of Florida · decided 1986-08-21

Relies on 478 So. 2d 1054 - State v. Jackson · 475 So. 2d 1331 - Tisdale v. State · 487 So. 2d 1068 - State v. Taft

Decided 1986-08-21

ADKINS, Justice.

¶1In Tisdale v. State, 475 So.2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale’s sentence, finding error in the trial court’s application of the guidelines in effect at the time of sentencing rather than at the time of the crime’s commission. We have jurisdiction based on conflict. Art. V, § 3(b)(3), Fla. Const.

¶2In State v. Jackson, 478 So.2d 1054 (Fla.1985), we found that the guidelines in effect at the time of sentencing may properly be applied to determine a defendant’s sentence. See State v. Taft, 487 So.2d 1068 (Fla.1986).

¶3We therefore quash the opinion here under review.

¶4It is so ordered.

McDonald, C.J., and BOYD, OVER-TON and BARKETT, JJ., concur.EHRLICH, J., concurs specially with an opinion.SHAW, J., dissents with an opinion.
SHAW, Justice,

¶5dissenting.

¶6I 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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