589 So. 2d 287 - State v. Cabrera

How this case has been cited

Cited by 136 later decisions — most recently December 2013 · most notably 696 So. 2d 697 - Rosen v. Rosen (1997), Cox v. CSX Intermodal, Inc. (1999)

2 federal appellate · 128 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1We 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?

¶2The 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.

¶3In 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.

¶4It is so ordered.

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