Opinion
Nos. 77301, 77641.
October 10, 1991.
Consolidated Cases for Review of the Decisions of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case Nos. 90-395 90-1012 (Seminole and Orange Counties).
James B. Gibson, Public Defender, and Michael S. Becker, Assistant Public Defender, Daytona Beach, and H. Manuel Hernandez, Longwood, for petitioners.
Robert A. Butterworth, Atty. Gen., and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Banegas v. State, 571 So.2d 126, 126 (Fla. 5th DCA 1990), and Hack v. State, 574 So.2d 1231, 1231-1232 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal certified in each case 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) of the Florida Constitution. We recently 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 cases for reconsideration consistent with our opinion in Flowers.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.