Isom v. State

District Court of Appeal of Florida

Isom v. State

578 So. 2d 431, 1991 Fla. App. LEXIS 3557, 1991 WL 56372

District Court of Appeal of Florida·Decided April 18, 1991·No. No. 90-1546·Published·Cited by 1 cases

Opinions

PER CURIAM.

We affirm on the authority of Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) and Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990). We certify to the supreme court the following question:

IS IT THE INTENT OF THE FLORIDA SENTENCING GUIDELINES THAT LEGAL CONSTRAINT POINTS UNDER RULE 3.701d.6. BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE THE DEFENDANT WAS UNDER LEGAL CONSTRAINT?

DAUKSCH and COBB, JJ„ concur. COWART, J., dissents with opinion.

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PER CURIAM.

We affirm on the authority of Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) and Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990). We certify to the supreme court the following question:

IS IT THE INTENT OF THE FLORIDA SENTENCING GUIDELINES THAT LEGAL CONSTRAINT POINTS UNDER RULE 3.701d.6. BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE THE DEFENDANT WAS UNDER LEGAL CONSTRAINT?

DAUKSCH and COBB, JJ„ concur. COWART, J., dissents with opinion.

Isom v. State, 578 So. 2d 431, 1991 Fla. App. LEXIS 3557, 1991 WL 56372 (Fla. Ct. App. 1991).

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