Summary
In Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989), we held that a scoresheet's legal constraint points may be cumulatively scored where multiple offenses were committed by the defendant while under legal constraint.
Summary of this case from Ficichy v. StateOpinion
No. 88-1350.
July 13, 1989.
Appeal from the Circuit Court, Orange County, Michael F. Cycmanick, J.
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 and aggravated assault. We affirm.
§ 812.13(2)(c) Florida Statutes (1987).
§ 784.021(1)(b) Florida Statutes (1987).
Walker was on community control 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.
§ 948.001(1) Florida Statutes (1987).
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.
DANIEL, C.J., and SHARP, J., concur.