578 So. 2d 69 | Fla. Dist. Ct. App. | 1991
Lead Opinion
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.
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.
Concurrence Opinion
concurring specially.
I concur in affirming because we are bound by our opinion in Carter v. State. However, I would recede from Carter and would concur with the view of the Second District Court expressed in Scott v. State. I also concur in the certified question.