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Florida District Courts of Appeal, 1991

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 31, 1991 · Cowart, Griffin, Sharp
576 So. 2d 741; 1991 Fla. App. LEXIS 644; 1991 WL 8421 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989).

W. SHARP and GRIFFIN, JJ., concur. COWART, J., dissents with opinion.

Dissenting Opinion

COWART, Judge,

dissenting.

See the dissent in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990).

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION

We grant appellant’s motion to certify to the Florida Supreme Court the same question of great public importance we previously certified in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), rev. pending, Case No. 76,854 (Fla. 1991), since we have resolved the same legal issue adversely to appellant in this case.

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

W. SHARP, COWART and GRIFFIN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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