Banegas v. State

Full title: THOMAS CRUZ BANEGAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 27, 1990

571 So. 2d 126 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-395.

December 27, 1990.

Appeal from the Circuit Court for Seminole County; C. Vernon Mize, Jr., Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona, for appellee.

PER CURIAM.

We AFFIRM the lower court. However, as we did in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), we certify to the supreme court the following question:

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

AFFIRMED.

COBB, GRIFFIN and DIAMANTIS, JJ., concur.