STATE OF FLORIDA, PETITIONER,
v.
PEDRO CABRERA, A/K/A ARLIX FUENTES, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Legal constraint points may not be assessed more than once on a single sentencing guidelines scoresheet.
The Third District Court of Appeal certified a question regarding the assessment of legal constraint points on sentencing guidelines scoresheets. The …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Legal Constraint Points cases and more on FLexlaw
[*288] PER CURIAM.
We have for review Cabrera v. State, 576 So. 2d 1358, 1360 (Fla. 3d DCA 1991), in which the Third District Court of Appeal certified the following question of great public importance:
Whether legal constraint points may be assessed more than once on a single sentencing guidelines scoresheet?
The Third District Court also certified conflict between the instant case and Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990), quashed, 586 So. 2d 340 (Fla.1991), Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990), quashed, 586 So. 2d 1055 (Fla.1991), and Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990), quashed, 586 So. 2d 1058 (Fla.1991), concerning the issue of assessing legal constraint points. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
In Flowers v. State, 586 So. 2d 1058, we held that legal constraint points are to be assessed once in calculating sentencing scoresheets. Accordingly, we approve the decision below.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Parnell v. State, 627 So. 2d 1246 (Fla. 3d DCA 1993)…lling burglarized was occupied— was valid, as it was not a factor of the crime of burglary with an assault, and thus supports the departure sentence. §§ 810.02, 921.001(5), Fla.Stat. (1991); Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA), approved, 589 So. 2d 287 (Fla.1991). Affirmed as to both defendants’ convictions; affirmed in part, reversed in part and remanded as to Jason Parnell’s sentence; affirmed as to Jeffrey Parnell’s sentence. . The trial court mistakenly scored Count One as a first degree fel…
-
Robinson v. State, 656 So. 2d 190 (Fla. 3d DCA 1995)…rsible error under the circumstances of this case in admitting in evidence police testimony that the defendant gave several different names and dates of birth to the police when arrested. Cabrera v. State, 576 So. 2d 1358, 1359 (Fla. 3d DCA), aff'd, 589 So. 2d 287 (Fla.1991); Smith v. State, 561 So. 2d 1281, 1282 (Fla. 2d DCA 1990). Nor has any reversible error been shown in the trial court’s denial of defendant’s pre-trial motion for a severance of counts with reference to the resisting arrest count on which…
Authorities Cited
- Flowers v. State, 586 So. 2d 1058 (Fla. 1991)
- Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)
- Carter v. State, 586 So. 2d 340 (Fla. 1991)
- Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991)
- Fla. Perfections, Inc. v. J & D Fin. Corp., 571 So. 2d 520 (Fla. 3d DCA 1990)
- Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990)
- J.C. Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990)
- Love v. State, 586 So. 2d 1055 (Fla. 1991)