Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). · Go Syfert
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Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). Cases Citing This Book View Copy Cite
44 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Nudel v. Flagstar Bank, FSB (fladistctapp, 2010-08-11)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Nudel v. Flagstar Bank, FSB
Fla. Dist. Ct. App. · 2010 · confidence medium
Sav. & Loan Ass’n, 546 So.2d 764, 766 (Fla. 5th DCA 1989) ("Judicial consideration and determination of a non-evidentiary motion on the basis of memoran-da of law rather than oral argument by counsel at a noticed hearing does not constitute an ex parte hearing or a denial of due process”); First City Dev. of Fla., Inc. v. Hallmark of Hollywood Condo.
cited Cited as authority (rule) Re-Employment Services, Ltd. v. NLAC
Fla. Dist. Ct. App. · 2007 · confidence medium
Sav. & Loan Ass'n, 546 So.2d 764, 765 (Fla. 5th DCA 1989).
cited Cited "see" Davis v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989).
cited Cited "see" Carter v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989); Gissinger v. State, 481 So.2d 1269, 1270 (Fla. 5th DCA 1986).
discussed Cited "see, e.g." Flowers v. State
Fla. · 1991 · signal: compare · confidence low
Compare Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989) (legal constraint points should be assessed for each conviction) and Carter v. State, 571 So.2d 520 (Fla. 4th DCA 1990) (same) with Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991) (legal constraint points are assessed only once).
Gregory James WALKER, Appellant,
v.
STATE of Florida, Appellee.
88-1350.
District Court of Appeal of Florida, Fifth District.
Jul 13, 1989.
546 So. 2d 764
Goshorn.
Cited by 41 opinions  |  Published

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.

GOSHORN, Judge.

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.

DANIEL, C.J., and SHARP, J., concur.

1 § 812.13(2)(c) Florida Statutes (1987).
2 § 784.021(1)(b) Florida Statutes (1987).
3 § 948.001(1) Florida Statutes (1987).