Shiel v. State

Full title: MONTGOMERY SCOTT SHIEL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 28, 1991

576 So. 2d 931 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1239.

March 28, 1991.

Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.

James B. Gibson, Public Defender, and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

We affirm the conviction and sentence of appellant and certify the following question of great public importance, as we did in Love v. State, 569 So.2d 1374 (Fla. 5th DCA 1990); 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?

HARRIS and GRIFFIN, JJ., concur.