VELEZ v. STATE

No. 86-1771.

516 So.2d 319 (1987)

Jose VELEZ, a/k/a Jose Veliz, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 9, 1987.


Attorney(s) appearing for the Case

Jose Velez, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

Appellant was sentenced according to guidelines in effect at the time of sentencing rather than those in effect at the time of his offense. The state agrees that as interpreted recently by the Supreme Court in Miller v. Florida, 482 U.S. ___, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987) this was in violation of the ex post facto prohibition of the United States Constitution.

Appellant also argues that the court should have given him credit...

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