PHILLIP LOVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PHILLIP LOVE, APPELLANT,
STATE OF FLORIDA, APPELLEE
569 So. 2d 1374
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PETERSON, Judge.
Phillip Love appeals his sentence alleging that the trial court improperly multiplied by two the thirty-six points shown on the Category 4 score sheet form for legal constraint. The trial court chose the multiplier of two since Love had committed two new offenses while he was on probation. We affirm. Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989).
We acknowledge that in Flowers use of the multiplier was certified to the supreme court as a question of great public importance, and we again certify the question:
DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
AFFIRMED.
COWART and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Montgomery Scott Shiel v. State, 576 So. 2d 931 (Fla. 5th DCA 1991)…DAUKSCH, Judge. We affirm the conviction and sentence of appellant and certify the following question of great public importance, as we did in Love v. State, 569 So. 2d 1374 (Fla. 5th DCA 1990); 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? HARRIS and GRIFFIN, J…
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Love v. State, 586 So. 2d 1055 (Fla. 1991)…OVERTON, Justice. These consolidated petitions seek review of Love v. State, 569 So. 2d 1374 (Fla. 5th DCA 1990); Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990); and Howard v. State, 571 So. 2d 507 (Fla. 5th DCA 1990), in which the Fifth District affirmed the respective trial courts’ assessment of legal constraint points for each offen…
Authorities Cited
- Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)
- Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989)