Boyd v. State

Full title: RANDY BOYD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 17, 1991

572 So. 2d 1032 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-934.

January 17, 1991.

Appeal from the Circuit Court for Orange County; Jeffords D. Miller, Judge.

James B. Gibson, Public Defender, and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Daytona Beach, for appellee.

PER CURIAM.

We affirm the lower court; however, as in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), we certify to the supreme court the following question:

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

PETERSON, GRIFFIN and DIAMANTIS, JJ., concur.