Howard v. State

Full title: KEVIN HOWARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 13, 1990

571 So. 2d 507 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-337.

October 23, 1990. On Motion for Rehearing and Certification December 13, 1990.

Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

COBB, GOSHORN and HARRIS, JJ., concur.

PER CURIAM.

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION

COBB, Judge.

On October 23, 1990, this court Per Curiam Affirmed the appellant's judgment and sentence in the above-styled case. See Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989).

Because the Florida Supreme Court has granted review in Flowers (October 30, 1990), we grant the appellant's Motion for Rehearing and 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 CONTRAINT?

AFFIRMED.

GOSHORN and HARRIS, JJ., concur.