Cook v. State

591 So. 2d 928, 17 Fla. L. Weekly Supp. 38, 1992 Fla. LEXIS 47, 1992 WL 2017
Procedural entryThis page is a short order in Cook v. State. Read the opinion of the Court — 542 So. 2d 964
Supreme Court of Florida·Decided January 9, 1992·No. No. 78492·Published

Opinion

PER CURIAM.

We have for review Cook v. State, 582 So.2d 159, 159 (Fla. 4th DCA 1991), in which the Fourth District Court of Appeal certified the following question of great public importance:

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

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. In Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), we answered this same question in the negative. Accordingly, we quash the decision below and remand for reconsideration consistent with our opinion in Flowers.

It is so ordered.

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

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Cook v. State, 591 So. 2d 928, 17 Fla. L. Weekly Supp. 38, 1992 Fla. LEXIS 47, 1992 WL 2017 (Fla. 1992).

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Related

Flowers v. State
567 So. 2d 1055 (District Court of Appeal of Florida, 1990)
Cook v. State
582 So. 2d 159 (District Court of Appeal of Florida, 1991)