Kelly v. State

578 So. 2d 47, 1991 Fla. App. LEXIS 3555, 1991 WL 56376

District Court of Appeal of Florida·Decided April 18, 1991·No. No. 90-1922·Published·Cited by 1 cases

Opinions

PER CURIAM.

We affirm. However as in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), we certify to the supreme court the following question:

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

AFFIRMED.

[48] HARRIS and GRIFFIN, JJ., concur. COWART, J., dissents with opinion.

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Kelly v. State, 578 So. 2d 47, 1991 Fla. App. LEXIS 3555, 1991 WL 56376 (Fla. Ct. App. 1991).

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