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Swinson v. State

579 So. 2d 927, 1991 Fla. App. LEXIS 5142, 1991 WL 93526
CourtDistrict Court of Appeal of Florida
DecidedJune 6, 1991
DocketNo. 90-2127
StatusPublished

This text of 579 So. 2d 927 (Swinson 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.

Bluebook
Swinson v. State, 579 So. 2d 927, 1991 Fla. App. LEXIS 5142, 1991 WL 93526 (Fla. Ct. App. 1991).

Opinions

PER CURIAM.

On the authority of Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990) and Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989), we affirm the defendant’s sentence which is based on a scoresheet multiplying the points for legal constraint by the number of offenses committed while the defendant was under legal constraint. We certify the following question to be of great public importance (Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v)):

DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED UNDER LEGAL CONSTRAINT?
GRIFFIN and DIAMANTIS, JJ., concur. COWART, J., dissents with opinion.

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Related

Worley v. State
573 So. 2d 1023 (District Court of Appeal of Florida, 1991)
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578 So. 2d 339 (District Court of Appeal of Florida, 1991)
Adams v. State
577 So. 2d 963 (District Court of Appeal of Florida, 1991)
Znajmiecki v. State
569 So. 2d 531 (District Court of Appeal of Florida, 1990)
Cabrera v. State
576 So. 2d 1358 (District Court of Appeal of Florida, 1991)
Flowers v. State
567 So. 2d 1055 (District Court of Appeal of Florida, 1990)
Natvik v. State
574 So. 2d 1230 (District Court of Appeal of Florida, 1991)
Lewis v. State
574 So. 2d 245 (District Court of Appeal of Florida, 1991)
Scott v. State
574 So. 2d 247 (District Court of Appeal of Florida, 1991)
Walker v. State
546 So. 2d 764 (District Court of Appeal of Florida, 1989)
Florida Rules of Criminal Procedure re: Sentencing Guidelines
576 So. 2d 1307 (Supreme Court of Florida, 1991)
Doughty v. State
578 So. 2d 65 (District Court of Appeal of Florida, 1991)

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Bluebook (online)
579 So. 2d 927, 1991 Fla. App. LEXIS 5142, 1991 WL 93526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swinson-v-state-fladistctapp-1991.