Aira v. State

Supreme Court of Florida

Decided March 5, 1992

Supreme Court of Florida · decided 1992-03-05

Relies on 586 So. 2d 1058 - Flowers v. State · Heck-Melnyk v. Ocala Breeders' Sales Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-05

How this case has been cited

Cited by 68 later decisions — most recently May 2019 · most notably 786 So. 2d 1173 - Carter v. State (2001), 610 So. 2d 435 - Lamont v. State (1992)

1 federal appellate · 66 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.

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PER CURIAM.

¶1We have for review Aira v. State, 583 So.2d 419 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal affirmed the trial court’s use of a multiplier in calculating legal constraint points. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

¶2In Flowers v. State, 586 So.2d 1058 (Fla.1991), we disapproved the use of a multiplier and held that legal constraint points are to be scored once on the sentencing guideline scoresheet.

¶3Accordingly, we quash the decision below to the extent that it conflicts with our decision in Flowers, and remand this case for reconsideration.

¶4It is so ordered.

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