Gollwitzer v. State

District Court of Appeal of Florida

Decided July 23, 1987

District Court of Appeal of Florida · decided 1987-07-23

Relies on Miller v. Florida · Bankers Life & Casualty Co. v. Crenshaw · 478 So. 2d 1054 - State v. Jackson

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Decided 1987-07-23

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Cited by 20 later decisions — most recently May 2011

1 federal appellate · 13 state decisions

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COBB, Judge.

¶1In this case the trial court sentenced the appellant, William Scott Gollwitzer, based on the sentencing guidelines in effect at the time of the sentence. This was in accordance with the law as perceived by the Florida Supreme Court. See, e.g., Patterson v. State, 499 So.2d 831 (Fla.1987), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); Van Horn v. State, 498 So.2d 426 (Fla.1986); Wilkerson v. State, 494 So.2d 210 (Fla.1986), vacated, — U.S. —, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987); State v. Jackson, 478 So.2d 1054 (Fla.1985). Recently, however, the United States Supreme Court has corrected those holdings in Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), reversing State v. Miller, 488 So.2d 820 (Fla.1985). The guidelines in effect at the time of the offense apply.

¶2Accordingly, we reverse and remand for resentencing.

DAUKSCH and ORFINGER, JJ., concur.