Legal Opinion

State v. Knowles

District Court of Appeal of Florida

Decided December 13, 1989No. 88-3481Published

1Opinion of the Court

STONE, Judge.

We reverse the appellee’s sentence imposed below the guideline range without *392written reasons for departure. The appel-lee asserts that the sentence was valid, relying upon the amendment to the sentencing guidelines effective July 1, 1988. The amendment permits a discretionary one cell upward or downward departure without written reasons. However, the crime in question was committed prior to the effective date of the amendment.

Generally, the sentencing statute in effect on the date of the crime controls the validity of the sentence imposed, notwithstanding a subsequent amendment…

2Cases cited5 opinions

  1. Miller v. FloridaSupreme Court of the United States · 1987
  2. Castle v. StateSupreme Court of Florida · 1976
  3. Strachen v. StateDistrict Court of Appeal of Florida · 1980
  4. State v. UsseryDistrict Court of Appeal of Florida · 1989
  5. State v. JeffersonDistrict Court of Appeal of Florida · 1976

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