JAMES PRESTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-04-03
No. 90-1433
LETTS, GUNTHER and WARNER, JJ., concur.
587 So. 2d 1147 Florida District Court of Appeal, Fourth District (1991) Negative Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990). However, we certify the following question which has also been 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?

LETTS, GUNTHER and WARNER, JJ., concur.


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  • State v. Mitial Bernadin, 591 So. 2d 956 (Fla. 4th DCA 1991)
    …other sentencing alternatives. We reverse on the authority of State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1989); State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991); State v. Jenkins, 584 So. 2d 127 (Fla. 4th DCA 1991); and State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991). We again certify the following question to be of great public importance: MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION 893.13(l)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF THE DRU…
  • State v. Leif Nordberg, 587 So. 2d 1159 (Fla. 4th DCA 1991)
    …a school. We reverse and remand for a resentencing to the mandatory minimum sentence. See State v. Vola, 16 F.L.W. 2246, 1991 WL 164426 (Fla. 4th DCA Aug. 28, 1991). See also State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991); State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991); State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991). GUNTHER and STONE, JJ., and JAMES H. WALDEN, Senior Judge, concur.…
  • State v. Ratliff, 592 So. 2d 315 (Fla. 4th DCA 1991)
    …ine within 1,000 feet of a school. We reverse and remand for a resentencing to the mandatory minimum sentence. See State v. Vola, 591 So. 2d 248 (Fla. 4th DCA 1991). See also State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991); State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991); State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991). GUNTHER, J., concurs. ANSTEAD and STONE, JJ., concur specially with opinions.…

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