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586 So. 2d 1061

586 So.2d 1061

16 Fla.L.WeeklySupp. 673

Jackson v. State

Supreme Court of Florida

Decided October 10, 1991

Supreme Court of Florida · decided 1991-10-10

Cited by 3 later decisions — most recently July 2008

3 state decisions

Relies on 405 So. 2d 418 - Jollie v. State · 586 So. 2d 1058 - Flowers v. State · Flowers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-10

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PER CURIAM.

¶1We review the consolidated cases of Jackson v. State, 569 So.2d 527 (Fla. 5th DCA 1990), Jones v. State, 569 So.2d 530 (Fla. 5th DCA 1990), Morrison v. State, 569 So.2d 1373 (Fla. 5th DCA 1990), Znajmiecki v. State, 569 So.2d 531 (Fla. 5th DCA 1990), and Graham v. State, 569 So.2d 530 (Fla. 5th DCA 1990). The basis for our jurisdiction lies in the fact that the Fifth District Court of Appeal rendered a per curiam decision in reliance upon Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), quashed, 586 So.2d 1058 (Fla.1991). Art. V, § 3(b)(3) of the Florida Constitution; Jollie v. State, 405 So.2d 418 (Fla.1981). In Flowers, the Fifth District Court certified the following question:

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

¶2Flowers, 567 So.2d at 1055. We answered this question in the negative in Flowers v. State, 586 So.2d 1058 (Fla.1991). Accordingly, we quash the decisions below and remand for reconsideration consistent with our opinion in Flowers.

¶3It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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