Dussault v. State

PETERSON, Judge.

Dennis Dussault raises two issues on appeal:

1. Whether the trial court properly assessed legal constraint points for each offense committed while on probation; and

2. Whether the trial court erred in imposing fifteen years’ probation for his third-degree grand theft felony in circuit court case number 90-1819.

We affirm on the first issue but certify the question certified in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990):

DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?

We…