Public-domain · open source
OpenJurist

592 So. 2d 1275

Smith v. State

District Court of Appeal of Florida

Decided February 12, 1992

District Court of Appeal of Florida · decided 1992-02-12

Relies on 586 So. 2d 1058 - Flowers v. State · 587 So. 2d 667 - Lapointe v. State

Decided 1992-02-12

PER CURIAM.

¶1While under legal constraint, appellant was convicted of possession of a firearm by a convicted felon, resisting arrest without violence, and open carrying of a weapon. The trial court multiplied the twelve permitted legal constraint points by the number of offenses committed while under legal constraint. We reverse and remand for resentencing on the authority of Flowers v. State, 586 So.2d 1058 (Fla.1991). The supreme court in Flowers determined that legal constraint points are to be assessed only once regardless of the number of offenses committed while under legal constraint. See also LaPointe v. State, 587 So.2d 667 (Fla. 4th DCA 1991).

¶2REVERSED and REMANDED.

ANSTEAD, LETTS and DELL, JJ., concur.
/592/so2d/1275 · .json · Public domain