Opinion
No. 90-2441.
June 6, 1991.
Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.
James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm the sentence. The court imposed a guidelines sentence that was achieved by multiplying by four (the number of offenses committed while under legal restraint) the ten points allowed for commission of a crime while under legal restraint. Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989); contra Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991). We certify the same question as in Flowers:
DO FLORIDA'S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
AFFIRMED; QUESTION CERTIFIED.
COWART and GRIFFIN, JJ., concur.