Opinion
Nos. 77417, 77415 and 77551.
October 10, 1991.
Consolidated Cases for Review of the Decisions of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case Nos. 90-00490, 90-00359, 90-00369 (Manatee County).
Robert A. Butterworth, Atty. Gen., and Elaine L. Thompson and Brenda S. Taylor, Asst. Attys. Gen., Tampa, for petitioner.
James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for respondents.
We have for review the consolidated cases of Worley v. State, 573 So.2d 1023 (Fla. 2d DCA 1991), Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991), and Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991), in which the Second District Court of Appeal directly conflicts with the Fifth District Court of Appeal in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
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 approve of the decisions below.
It is so ordered.
SHAW, C.J. and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.