Opinion
No. AY-30.
February 12, 1985.
Appeal from Circuit Court, Nassau County; John S. Cox, Judge.
P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.
AFFIRMED. Jones v. State, 459 So.2d 1151 (Fla. 1st DCA 1984); Coates v. State, 458 So.2d 1219 (Fla. 1st DCA 1984); Moore v. State, 455 So.2d 535 (Fla. 1st DCA 1984); Johnson v. State, 462 So.2d 49 (Fla. 1st DCA 1984).
We certify to the Florida Supreme Court the following question as one of great public importance:
WHETHER A DEFENDANT'S CONSTITUTIONAL RIGHT OF PROTECTION AGAINST EX POST FACTO LAWS IS VIOLATED WHEN HE AFFIRMATIVELY SELECTS, PURSUANT TO SECTION 921.001(4)(a), FLORIDA STATUTES (1983), TO BE SENTENCED PURSUANT TO THE GUIDELINES BUT THERE IS NO SHOWING IN THE RECORD THAT THE COURT EXPLAINED THAT BY SELECTING GUIDELINES SENTENCING THE DEFENDANT WAIVES HIS ELIGIBILITY FOR PAROLE.
ERVIN, C.J., and MILLS and ZEHMER, JJ., concur.