
    STATE of Florida, Petitioner, v. Jesse James TISDALE, Respondent.
    No. 67,787.
    Supreme Court of Florida.
    Aug. 21, 1986.
    Jim Smith, Atty. Gen. and Kevin Kitpa-trick Carson, Asst. Atty. Gen., Daytona Beach, for petitioner.
    James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.
   ADKINS, Justice.

In Tisdale v. State, 475 So.2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale’s sentence, finding error in the trial court’s application of the guidelines in effect at the time of sentencing rather than at the time of the crime’s commission. We have jurisdiction based on conflict. Art. V, § 3(b)(3), Fla. Const.

In State v. Jackson, 478 So.2d 1054 (Fla.1985), we found that the guidelines in effect at the time of sentencing may properly be applied to determine a defendant’s sentence. See State v. Taft, 487 So.2d 1068 (Fla.1986).

We therefore quash the opinion here under review.

It is so ordered.

McDonald, C.J., and BOYD, OVER-TON and BARKETT, JJ., concur.

EHRLICH, J., concurs specially with an opinion.

SHAW, J., dissents with an opinion.

EHRLICH, Justice,

concurring specially.

I concur because of this Court’s decision in State v. Jackson, 478 So.2d 1054 (Fla.1985), but I adhere to the views expressed in my dissent therein.

SHAW, Justice,

dissenting.

I dissent for the reasons set forth in Justice Ehrlich’s dissent to State v. Jackson, 478 So.2d 1054 (Fla.1985).  