Aira v. State

Supreme Court of Florida

Aira v. State

593 So. 2d 1049, 17 Fla. L. Weekly Supp. 164, 1992 Fla. LEXIS 244, 1992 WL 39782

CourtSupreme Court of Florida

DecidedMarch 5, 1992

DocketNo. 78486

StatusPublished

Cited by1 cases

This text of 593 So. 2d 1049 (Aira v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aira v. State, 593 So. 2d 1049, 17 Fla. L. Weekly Supp. 164, 1992 Fla. LEXIS 244, 1992 WL 39782 (Fla. 1992).

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Opinion

PER CURIAM.

We have for review Aira v. State, 583 So.2d 419 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal affirmed the trial court’s use of a multiplier in calculating legal constraint points. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

In Flowers v. State, 586 So.2d 1058 (Fla.1991), we disapproved the use of a multiplier and held that legal constraint points are to be scored once on the sentencing guideline scoresheet.

Accordingly, we quash the decision below to the extent that it conflicts with our decision in Flowers, and remand this case for reconsideration.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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