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586 So. 2d 340

Docket No. 77434.

Carter v. State

Patrick CARTER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided October 10, 1991.

Supreme Court of Florida · decided 1991-10-10

Cited by 38 later decisions — most recently January 2007 · most notably 589 So. 2d 287 - State v. Cabrera (1991), 592 So. 2d 678 - Rahming v. State (1992)

38 state decisions

Relies on 586 So. 2d 1058 - Flowers v. State · 574 So. 2d 245 - Lewis v. State · 574 So. 2d 247 - Scott v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-10

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¶1Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.

¶2Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., Chief, Criminal Law, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent.

¶3PER CURIAM.

¶4We have for review Carter v. State,571 So.2d 520 (Fla. 4th DCA 1990), which is in direct conflict with Lewis v. State,574 So.2d 245 (Fla. 2d DCA 1991), and Scott v. State,574 So.2d 247 (Fla. 2d DCA 1991). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

¶5In Carter, the Fourth District Court of Appeal approved the assessment of legal constraint points for each offense committed while under legal constraint. We recently held in Flowers v. State,586 So.2d 1058 (Fla. 1991), that legal constraint points are to be assessed once in calculating sentencing scoresheets for offenses committed while on legal constraint. Accordingly, we quash the decision below and remand for reconsideration consistent with our opinion in Flowers.

¶6It is so ordered.

¶7SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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