Opinion · Florida Court Opinions

BRADLEY v. STATE, 485 So.2d 1285 (Fla. 1986)

485 So.2d 1285

Type: Opinion
Court: Florida Court Opinions
Jurisdiction: Florida
Date: 1986-04-10
Topic: general

BRADLEY v. STATE, 485 So.2d 1285 (Fla. 1986) LEROY STEVEN BRADLEY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT. No. 67290.Supreme Court of Florida. April 10, 1986.

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BRADLEY v. STATE,485 So.2d 1285(Fla. 1986)

LEROY STEVEN BRADLEY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT.

No. 67290.

Supreme Court of Florida.

April 10, 1986.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance; First District — Case No. BA-10.

Michael E. Allen, Public Defender and Paula S. Saunders, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

McDONALD, Justice.

We take jurisdiction of this case pursuant to article V, section 3(b)(4), Florida Constitution, because the district court certified the following question to be of great public importance:

WHEN A DEFENDANT WHO COMMITTED A CRIME BEFORE OCTOBER 1, 1983 AFFIRMATIVELY SELECTS SENTENCING PURSUANT TO THE SENTENCING GUIDELINES, MUST THE RECORD SHOW THE DEFENDANT KNOWINGLY AND INTELLIGENTLY WAIVED THE RIGHT TO PAROLE ELIGIBILITY?

Bradley v. State,468 So.2d 378, 380 (Fla. 1st DCA 1985). The question is identical to the certified question that we answered in the negative inCochran v. State,476 So.2d 207(Fla. 1985), andGage v. State,480 So.2d 1291(Fla. 1985). Accordingly, we answer the certified question in the negative and approve the opinion of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.