Patrick v. State

Full title: BRUCE PATRICK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 28, 1991

576 So. 2d 935 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1748.

March 28, 1991.

Appeal from the Circuit Court for Brevard County; Warren H. Edwards, County Judge, Retired.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm on authority of Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) and certify the same question we certified in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990):

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

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