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510 So. 2d 1222

510 So.2d 1222

12 Fla.L.Weekly 1999

Williams v. State

District Court of Appeal of Florida

Decided August 13, 1987

District Court of Appeal of Florida · decided 1987-08-13

Relies on Miller v. Florida · 478 So. 2d 1054 - State v. Jackson · 509 So. 2d 1373 - Gollwitzer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-13

How this case has been cited

Cited by 5 later decisions — most recently June 2016

5 state decisions

301987199020002010decided

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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UPCHURCH, Chief Judge.

¶1Although the offenses for which the defendant was convicted occurred in February of 1984, the trial court applied the guidelines effective July 1,1984, relying on State v. Jackson, 478 So.2d 1054 (Fla.1985). However, the United States Supreme Court has now overruled Jackson, holding that retrospective application of the revised guidelines is a violation of the ex post facto doctrine when the result is increased punishment. Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987).

¶2Accordingly, although defendant’s convictions are affirmed, since his sentences were adversely affected by the application of the amended guidelines, his sentences are reversed and remanded for resentenc-ing in conformity with Miller. Gollwitzer v. State, 509 So.2d 1373 (Fla. 5th DCA 1987).

¶3AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DAUKSCH and ORFINGER, JJ., concur.
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