Opinion

Abt v. State

13 Fla. L. Weekly 1618
528 So. 2d 112
1988 Fla. App. LEXIS 3004

Court: District Court of Appeal of Florida
Filed: Jul 13, 1988
Status: Published
Author: Glickstein
On the bench: Certification, Dell, Downey, Glickstein, Gunther, Hersey, Letts, Stead, Stone, Whom
Cited by: 11 cases
Authority: More cited than 26.5%

The opinion

GLICKSTEIN, Judge,

dissenting in part and concurring with certification.

In my view, after Miller v. Florida, 482 U.S. -, 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987), the decision in Felts v. State, 13 F.L.W. 205 (Fla. 1st DCA Jan. 14, 1988), is anachronistic. In the instant case, this court should be following State v. Mesa, 520 So.2d 328 (Fla. 3d DCA 1988), and not Felts, which the First District Court will hopefully undo upon rehearing.

I think Albritton v. State, 476 So.2d 158 (Fla.1985), governs the instant case, because section 921.001(5), Florida Statutes (1987), makes a substantive change in the law which may not be applied retroactively.

I concur with the certification of the question.

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