Walker v. State, 88-1350
| Citation | 14 Fla. L. Weekly 1677,546 So.2d 764 |
| Decision Date | 13 July 1989 |
| Docket Number | No. 88-1350,88-1350 |
| Court | Court of Appeal of Florida (US) |
| Parties | 14 Fla. L. Weekly 1677 Gregory James WALKER, Appellant, v. STATE of Florida, Appellee. |
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant, Gregory James Walker appeals his guideline sentence for robbery 1 and aggravated assault. 2 We affirm.
Walker was on community control 3 at the time he committed both offenses. In accordance with the procedure established for administering the sentencing guidelines, the trial judge scored both offenses on the same scoresheet. In doing so he added points for legal constraint twice, once for each offense. This resulted in the appellant receiving fourteen points instead of seven.
This court has addressed a similar, though not identical, problem in Gissinger v. State, 481 So.2d 1269 (Fla. 5th DCA 1986), holding that "legal status at the time of the offense" refers not only to the primary offense, but any offense at conviction. We now hold that a defendant is properly assessed legal constraint points to each offense for which he is sentenced where he was under legal constraint at the time of the offense.
AFFIRMED.
1 § 812.13(2)(c) Florida Statutes (1987).
2 § 784.021(1)(b) Florida Statutes (1987).
3 § 948.001(1) Florida Statutes (1987).
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...The state relies on the fifth district decisions in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), and Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989), which support their construction of the guidelines Addressing this threshold issue, we note the absence of a clear analysis justi......
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