Davis v. State, 480 So. 2d 672

PER CURIAM.

In our initial opinion of August 16, 1985, we reversed appellant’s sentence on the ground that the trial court’s application of the guidelines rule in effect at the time of sentencing, rather than the rule in effect when the crimes were committed, was unlawful. Since that date, the Florida Supreme Court issued its opinion in State v. Jackson, 478 So.2d 1054 (Fla.1985), in which it stated that a modification in the sentencing guidelines procedure is merely a procedural change which does not require the application of the ex post facto doctrine. The court remanded Jackson for resentencing under the guidelines in effect at the time of sentencing. . Therefore, on the authority of Jackson, we withdraw our initial opinion and affirm appellant’s sentence.

Affirmed.

RYDER, C.J., and SCHEB and FRANK, JJ., concur.

Case Details

Case Name: Davis v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 11, 1985

Citations: 480 So. 2d 672; 10 Fla. L. Weekly 2747; 1985 Fla. App. LEXIS 6099; No. 85-242

Docket Number: No. 85-242

Court Abbreviation: Fla. Dist. Ct. App.