Jackson v. State

Full title: WESTON JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 15, 1990

569 So. 2d 527 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-211.

November 15, 1990.

Appeal from the Circuit Court for Orange County; Gary L. Formet, Sr., Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED on the authority of Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) and Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990).

COBB and HARRIS, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

I dissent for the reasons given in the dissent to Flowers v. State. The "legal constraint" factor on the sentencing guidelines scoresheet should not, for any reason, be multiplied.