BRUCE PATRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1991-03-28
No. 90-1748
W. SHARP, GRIFFIN and DIAMANTIS, JJ., concur.
576 So. 2d 935 Florida District Court of Appeal, Fifth District (1991) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

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?

W. SHARP, GRIFFIN and DIAMANTIS, JJ., concur.


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Cited By

  • Rivera v. State, 586 So. 2d 1060 (Fla. 1991)
    …PER CURIAM. We have for review the consolidated cases of Rivera v. State, 576 So. 2d 1374 (Fla. 5th DCA 1991), Patrick v. State, 576 So. 2d 935 (Fla. 5th DCA 1991), Davis v. State, 576 So. 2d 741 (Fla. 5th DCA 1991), Shiel v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), Gantt v. State, 576 So. 2d 932 (Fla. 5th DCA 1991), Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA 1991), Isom v. State, 57…
  • Fleming v. State, 637 So. 2d 945 (Fla. 5th DCA 1994)
    …Singleton v. State, 554 So. 2d 1162 (Fla.1990), the Florida Supreme Court held that sentences imposed for various offenses at the same hearing may not cumulatively exceed one year in the county jail. This court followed Singleton in Lusink v. State, 576 So. 2d 935 (Fla. 5th DCA 1991). This case is distinguishable from Singleton and Lusink, since although it includes cumulative sentences for multiple offenses totalling more than one year, only one year is to be spent in the county jail. Nevertheless, this pat…
  • Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994)
    …reverse the sentences. It was error for the trial court to sentence Carson to four consecutive years in the Brevard County Jail when the sentences imposed were for felony crimes. See Singleton v. State, 554 So. 2d 1162 (Fla.1990); Lu-sink v. State, 576 So. 2d 935 (Fla. 5th DCA 1991) (reversing consecutive county jail sentences exceeding one year which were imposed after the defendant pled nolo conten-dere to two charges of uttering a forgery and remanding for resentencing). This court recognizes that a defe…

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