Boyd v. State
Supreme Court of Florida
Boyd v. State, 587 So. 2d 1311 (Fla. 1991)
16 Fla. L. Weekly Supp. 728; 1991 Fla. LEXIS 1912; 1991 WL 231592
Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
Boyd v. State
Opinion of the Court
We have for review the consolidated cases of Boyd v. State, 572 So.2d 1032, 1032 (Fla. 5th DCA 1991), Doughty v. State, 578 So.2d 65, 65 (Fla. 5th DCA 1991), Howarth v. State, 578 So.2d 66, 66 (Fla. 5th DCA 1991), Natvik v. State, 574 So.2d 1230, 1231 (Fla. 5th DCA 1991), and Zozak v. State, 576 So.2d 312, 312 (Fla. 5th DCA 1990), in which the Fifth District Court of Appeal certified the following question 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?
We have jurisdiction pursuant to article V, section 3(b)(4).
We answered this question in the negative in Flowers v. State, 586 So.2d 1058 (Fla. 1991). Accordingly, we quash the decisions below and remand these consolidated cases for reconsideration consistent with our opinion in Flowers.
It is so ordered.
Reference
- Full Case Name
- Randy BOYD v. STATE of Florida, Respondent Russell E. DOUGHTY v. STATE of Florida, Respondent Darryl J. HOWARTH v. STATE of Florida, Respondent Roy NATVIK v. STATE of Florida, Respondent Douglas W. ZOZAK v. STATE of Florida
- Status
- Published