Gantt v. State

Full title: MICHAEL GANTT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 28, 1991

576 So. 2d 932 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1335.

March 28, 1991.

Appeal from the Circuit Court for Brevard County; John Dean Moxley, Jr., Judge.

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Affirmed on authority of Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990) and Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989). We certify the following question to the Florida Supreme Court, as we did in Flowers:

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

COBB, HARRIS and PETERSON, JJ., concur.