Florida District Courts of Appeal, 1991

Lawson v. State

Lawson v. State
Florida District Courts of Appeal · Decided June 6, 1991 · Cowart, Griffin, Peterson
580 So. 2d 338; 1991 Fla. App. LEXIS 5779; 1991 WL 93522 (Southern Reporter, Second Series)

Lawson v. State

Opinion of the Court

PETERSON, Judge.

We affirm the sentence. The court imposed a guidelines sentence that was achieved by multiplying by four (the number of offenses committed while under legal restraint) the ten points allowed for commission of a crime while under legal restraint. Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989); contra Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991). We certify the same question as in Flowers:

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

AFFIRMED; QUESTION CERTIFIED.

COWART and GRIFFIN, JJ., concur.

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