Opinion
No. 78864.
April 2, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case No. 91-46 (Brevard County).
James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Reader v. State, 586 So.2d 71, 72 (Fla. 5th DCA 1991), 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) of the Florida Constitution. We answered this same question in the negative in Flowers v. State, 586 So.2d 1058 (Fla. 1991).
Accordingly, we quash the decision below and remand this case 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.