Opinion
Nos. 77956, 77782 and 77781.
October 10, 1991.
Consolidated Cases for Review of the Decisions of the District Court of Appeal — Certified Great Public Importance Fourth District — Case Nos. 90-2031, 90-2277, 90-1433 (St. Lucie and Martin Counties).
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for petitioners.
Robert A. Butterworth, Atty. Gen., and Melynda L. Melear and Jacqueline Saltiel, Asst. Attys. Gen., West Palm Beach, for respondent.
We have for review the consolidated cases of Ricks v. State, 578 So.2d 69, 70 (Fla. 4th DCA 1991), Regan v. State, 576 So.2d 1385, 1385 (Fla. 4th DCA 1991), and Preston v. State, 587 So.2d 1147 (Fla. 4th DCA 1991), in which the Fourth 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 recently answered this same question in the negative in Flowers v. State, 586 So.2d 1058 (Fla. 1991). Accordingly, we quash the decisions below and remand these consolidated 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.