Ricks v. State

District Court of Appeal of Florida

Ricks v. State

578 So. 2d 69, 1991 Fla. App. LEXIS 3916, 1991 WL 65950

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1991

DocketNo. 90-2031

StatusPublished

Cited by1 cases

This text of 578 So. 2d 69 (Ricks v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal 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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Ricks v. State, 578 So. 2d 69, 1991 Fla. App. LEXIS 3916, 1991 WL 65950 (Fla. Ct. App. 1991).

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Opinions

PER CURIAM.

We affirm appellant’s convictions and sentences, but write briefly on appellant’s contention that the trial court erred in calculating sentencing guidelines points.

Appellant argues that the trial court erred by employing a multiplier in calculating legal constraint points. We have previously affirmed this practice in Carter v. [70]*70State, 571 So.2d 520 (Fla. 4th DCA 1990), and do so again. We are aware that our holding conflicts with Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991) and are also aware of the supreme court’s recent opinion in Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 16 F.L.W. 198 (Fla. March 7, 1991), modified, 16 F.L.W. 221, but note that the proposed amendments are not effective until approved by the legislature.

Because of the conflict, we certify the following question, as previously done in Preston v. State, No. 90-1433 (Fla. 4th DCA April 4, 1991), as one 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?

AFFIRMED.

LETTS and DELL, JJ., concur. STONE, J., concurs specially with opinion.

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PER CURIAM.

We affirm appellant’s convictions and sentences, but write briefly on appellant’s contention that the trial court erred in calculating sentencing guidelines points.

Appellant argues that the trial court erred by employing a multiplier in calculating legal constraint points. We have previously affirmed this practice in Carter v. [70]*70State, 571 So.2d 520 (Fla. 4th DCA 1990), and do so again. We are aware that our holding conflicts with Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991) and are also aware of the supreme court’s recent opinion in Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 16 F.L.W. 198 (Fla. March 7, 1991), modified, 16 F.L.W. 221, but note that the proposed amendments are not effective until approved by the legislature.

Because of the conflict, we certify the following question, as previously done in Preston v. State, No. 90-1433 (Fla. 4th DCA April 4, 1991), as one 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?

AFFIRMED.

LETTS and DELL, JJ., concur. STONE, J., concurs specially with opinion.

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578 So. 2d 69, 1991 Fla. App. LEXIS 3916, 1991 WL 65950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-state-fladistctapp-1991.

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