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578 So. 2d 69

Ricks v. State

District Court of Appeal of Florida · decided 1991-05-01

Cited by 1 later decisions — most recently October 1991

1 state decisions

Key passage — most relied on by later courts

“DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?”

quoted by 1 later decision, including 586 So. 2d 338 - Ricks v. State

Relies on 574 So. 2d 247 - Scott v. State · Carter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-05-01

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm appellant’s convictions and sentences, but write briefly on appellant’s contention that the trial court erred in calculating sentencing guidelines points.

¶2Appellant argues that the trial court erred by employing a multiplier in calculating legal constraint points. We have previously affirmed this practice in Carter v. *70State, 571 So.2d 520 (Fla. 4th DCA 1990), and do so again. We are aware that our holding conflicts with Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991) and are also aware of the supreme court’s recent opinion in Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 16 F.L.W. 198 (Fla. March 7, 1991), modified, 16 F.L.W. 221, but note that the proposed amendments are not effective until approved by the legislature.

¶3Because of the conflict, we certify the following question, as previously done in Preston v. State, No. 90-1433 (Fla. 4th DCA April 4, 1991), as one of great public importance:

¶4DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?

¶5AFFIRMED.

LETTS and DELL, JJ., concur. STONE, J., concurs specially with opinion.
STONE, Judge,

¶6concurring specially.

¶7I concur in affirming because we are bound by our opinion in Carter v. State. However, I would recede from Carter and would concur with the view of the Second District Court expressed in Scott v. State. I also concur in the certified question.

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