Summary
In Abt v. State, 541 So.2d 614 (Fla. 1988), the supreme court reversed this court's decision and held that the amendment to section 921.001(5) applied only to offenses committed after its effective date.
Summary of this case from ABT v. STATEOpinion
No. 73312.
April 13, 1989.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — Case No. 87-1715 (Broward County).
Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, 15th Judicial Circuit, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent.
We have for review Abt v. State, 528 So.2d 112 (Fla. 4th DCA 1988), in which the district court certified its decision as being in conflict with decisions of the Third District Court of Appeal, State v. Mesa, 520 So.2d 328 (Fla. 3d DCA 1988), and McGriff v. State, 528 So.2d 396 (Fla. 3d DCA 1988), approved, 537 So.2d 107 (Fla. 1989), and joined the First and Third Districts in certifying the following question to this Court:
WHETHER THAT PORTION OF CHAPTER 87-110, LAWS OF FLORIDA, WHICH AMENDS SECTION 921.001(5), FLORIDA STATUTES, IS APPLICABLE TO APPELLATE REVIEW OF SENTENCES IMPOSED FOR OFFENSES WHICH WERE COMMITTED PRIOR TO JULY 1, 1987.
528 So.2d at 398. We have jurisdiction, article V, section 3(b)(4), Florida Constitution.
We recently answered this question in the negative and approved the Third District's decision in McGriff, 537 So.2d at 108. Accordingly, on the authority of that decision, we quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.