Opinion
No. 77434.
October 10, 1991.
Application for Review of the Decision of the District Court of Appeal — Class of Constitutional Officers, Fourth District — Case No. 90-0828 (Martin County).
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., Chief, Criminal Law, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent.
We have for review Carter v. State, 571 So.2d 520 (Fla. 4th DCA 1990), which is in direct conflict with Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991), and Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
In Carter, the Fourth District Court of Appeal approved the assessment of legal constraint points for each offense committed while under legal constraint. We recently held in Flowers v. State, 586 So.2d 1058 (Fla. 1991), that legal constraint points are to be assessed once in calculating sentencing scoresheets for offenses committed while on legal constraint. Accordingly, we quash the decision below and remand for reconsideration consistent with our opinion in Flowers.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.