512 So. 2d 198 - State v. Miller

How this case has been cited

Cited by 19 later decisions — most recently July 2007

19 state decisions

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.

¶1Robert A. Butterworth, Atty. Gen. and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for petitioner.

¶2Richard L. Jorandby, Public Defender, 15th Judicial Circuit, and Anthony Calvello and Gary Caldwell, Asst. Public Defenders, West Palm Beach, for respondent.

¶3PER CURIAM.

¶4This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment. In State v. Miller,488 So.2d 820 (Fla. 1986), this Court held that Miller should be sentenced pursuant to the guidelines in effect at the time of sentencing as opposed to the guidelines in effect at the time the crime was committed. The Supreme Court reversed the judgment, holding that our ruling violated the ex post facto clause of article I of the United States Constitution. Miller v. Florida, ___ U.S. ___, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). Therefore, we vacate Miller's sentence and remand the case to the circuit court with directions to resentence Miller pursuant to the sentencing guidelines which were in effect at the time the offense was committed.

¶5It is so ordered.

¶6McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.