GREGORY JAMES WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GOSHORN, Judge.
Appellant, Gregory James Walker appeals his guideline sentence for robbery1 and aggravated assault.2 We affirm.
Walker was on community control3 at the time he committed both offenses. In accordance with the procedure established for administering the sentencing guidelines, the trial judge scored both offenses on the same scoresheet. In doing so he added points for legal constraint twice, once for each offense. This resulted in the appellant receiving fourteen points instead of seven.
This court has addressed a similar, though not identical, problem in Gissinger v. State, 481 So. 2d 1269 (Fla. 5th DCA 1986), holding that “legal status at the time of the offense” refers not only to the primary offense, but any offense at conviction. We now hold that a defendant is properly assessed legal constraint points to each offense for which he is sentenced where he was under legal constraint at the time of the offense.
AFFIRMED.
DANIEL, C.J., and SHARP, J., concur. . § 812.13(2)(c) Florida Statutes (1987).
. § 784.021(1)(b) Florida Statutes (1987).
.§ 948.001(1) Florida Statutes (1987).
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Flowers v. State, 586 So. 2d 1058 (Fla. 1991)…raint points. Florida Rules of Criminal Procedure 3.701(d)(6) and 3.988 do not address the use of a multiplier when calculating legal constraint points. The district courts have differed in the interpretation of these rules. Compare Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989) (legal constraint points should be assessed for each conviction) and Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990) (same) with Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991) (legal constraint points are assessed only onc…
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Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)…GOSHORN, Judge. Flowers appeals his sentence because points for “legal constraint” were awarded for each offense committed while on probation. We affirm. Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). Flowers urges that our decision in Miles v. State, 418 So. 2d 1070 (Fla. 5th DCA 1982) dictates we reconsider our opinion in Walker and reverse. We reject this contention because Miles involved a single offense, while both Walk…
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Re-Employment Servs., Ltd. v. Nat'l Loan Acquisitions Co., 969 So. 2d 467 (Fla. 5th DCA 2007)…te Procedure 9.130(a)(3)(C)(i), which permits review of non-final orders that determine the jurisdiction of a person. See Fisher v. Int’l Longshoremen’s Ass’n, 827 So. 2d 1096, 1097 (Fla. 1st DCA 2002); Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass’n, 546 So. 2d 764, 765 (Fla. 5th DCA 1989). Our standard of review is de novo. Nw. Aircraft Capital Corp. v. Stewart, 842 So. 2d 190, 193 (Fla. 5th DCA 2003) (citing Wendt v. Horowitz, 822 So. 2d 1252 (Fla.2002)). Before we proceed to resolve the specific issue befo…
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- Gissinger v. State, 481 So. 2d 1269 (Fla. 5th DCA 1986)