Rivera v. State

Full title: RALPH RIVERA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 4, 1991

576 So. 2d 1374 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1848.

April 4, 1991.

Appeal from the Circuit Court for Brevard County; Lawrence V. Johnston, III, Judge.

James B. Gibson, Public Defender, and Lyle Hitchens, 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.

We affirm on authority of Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) and certify the same question we certified in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990):

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

DAUKSCH, COBB and DIAMANTIS, JJ., concur.