J.C. GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1990-10-18
No. 90-192
DAUKSCH, COBB and HARRIS, JJ., concur.
570 So. 2d 1014 Florida District Court of Appeal, Fifth District (1990) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED based on the authority of Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989).

DAUKSCH, COBB and HARRIS, JJ., concur.

Other
PER CURIAM.

PER CURIAM.

Appellant has requested this court to certify to the Supreme Court of Florida the following question as being of great public importance:

DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?

We so certify.

DAUKSCH, COBB and HARRIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991)
    …ounts, for a total of 51 points for legal constraint. That approach — multiplying legal constraint points times each count — has been adopted in the fourth and fifth districts. See Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990); Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990) (question certified); Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). The second district has interpreted the guidelines to call for assessment of legal constraint only…
  • Swinson v. State, 588 So. 2d 296 (Fla. 5th DCA 1991)
    …onst. . Carnegie v. State, 564 So. 2d 233 (Fla. 1st DCA 1990). See also Ghianuly v. State, 516 So. 2d 277 (Fla. 2d DCA 1987). . Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990), jurisdiction accepted, 581 So. 2d 163 (Fla. 1991); Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990); Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). . Wilson v. State, 580 So. 2d 303 (Fla. 1st DCA 1991); Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991); Scott v. S…
  • State v. Cabrera, 589 So. 2d 287 (Fla. 1991)
    …ssed more than once on a single sentencing guidelines scoresheet? The Third District Court also certified conflict between the instant case and Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990), quashed, 586 So. 2d 340 (Fla.1991), Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990), quashed, 586 So. 2d 1055 (Fla.1991), and Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990), quashed, 586 So. 2d 1058 (Fla.1991), concerning the issue of assessing legal constraint points. We have jurisdiction pursuant to art…

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