State v. Milton, 475 So. 2d 670

ADKINS Justice.

We have for consideration the following question certified to us in Milton v. State, 461 So.2d 127 (Fla. 5th DCA 1985), as one of great public importance:

Is a defendant who was placed on probation before October 1, 1983, entitled to elect to be sentenced under the sentencing guidelines after October 1, 1983, upon a revocation of his probation?

The same question was certified to us in Boyett v. State, 452 So.2d 958 (Fla. 2d DCA 1984). In that case, we answered the question in the affirmative. State v. Boyett, 467 So.2d 997 (Fla.1985). We adhere to our holding in Boyett and thus approve the decision of the Fifth District Court of Appeal.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.

Case Details

Case Name: State v. Milton

Court Name: Supreme Court of Florida

Date Published: Jul 3, 1985

Citations: 475 So. 2d 670; 10 Fla. L. Weekly 362; 1985 Fla. LEXIS 3477; No. 66393

Docket Number: No. 66393

Court Abbreviation: Fla.