Pacheco v. State

The only substantial question presented on this appeal1 challenges the application of the sentencing guidelines, pursuant to which the defendant was given a life sentence without parole, for a crime which occurred on January 19, 1984, before the guidelines were enacted by the legislature. Pacheco contends that the promulgation of the guidelines by the Supreme Court alone was an invalid assertion of purely legislative power. See State v. Cande, 478 So.2d 1362, 1363 (Fla. 3d DCA 1985) (Schwartz, C.J., specially concurring). We reject this contention and affirm on the authority of the holding in…