Opinion
No. 90-943.
December 4, 1990. On Motion for Rehearing and to Certify Question February 7, 1991.
Appeal from the Circuit Court for Seminole County; Seymour Benson, Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.
AFFIRMED.
COBB, HARRIS and PETERSON, JJ., concur.
ON MOTION FOR REHEARING AND MOTION TO CERTIFY THE QUESTION
We GRANT Appellant's motion for rehearing and certify to the supreme court the same question raised 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?