Quintana v. State

*630 On Rehearing

COPE, C.J.

By motion for rehearing the defendant argues that the sentencing law applicable to him is the habitual offender statute in effect on the date of sentencing, not on the date of his crime. That is incorrect. The applicable criminal penalties are those in effect at the date of the defendant’s crime. See Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); Green v. State, 696 So.2d 488 (Fla. 3d DCA 1997).

Where, as here, the statute is amended between the crime date and the sentencing date, it is the statute in effect on the date of the crime which is…