Gilyard v. State

ANSTEAD, Justice.

We have for review the case of Gilyard v. State, 636 So.2d 134 (Fla. 2d DCA 1994), in which the district court certified the following question as one of great public importance:

DOES THE RULE IN STATE v. VAN-KOOTEN, 522 So.2d 830 (Fla.1988), APPLY IN THE SITUATION WHERE THE RANGE DOES NOT PROVIDE SANCTIONS PHRASED IN THE DISJUNCTIVE BUT MERELY PROVIDES FOR A TERM OF YEARS?

Id. at 136. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and approve the district court opinion.

At issue in the district court was whether our prior…