Davis v. State

Full title: LESTER DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 28, 1991

576 So. 2d 741 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1157.

January 31, 1991. On Motion for Rehearing and Certification March 28, 1991.

Appeal from the Circuit Court for Brevard County; Lawrence V. Johnston, III, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED. See Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989).

W. SHARP and GRIFFIN, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

See the dissent in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990).

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION

We grant appellant's motion to certify to the Florida Supreme Court the same question of great public importance we previously certified in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), rev. pending, Case No. 76,854 (Fla. 1991), since we have resolved the same legal issue adversely to appellant in this case.

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

W. SHARP, COWART and GRIFFIN, JJ., concur.