Bendel v. State

FARMER, Judge.

In number 91-2177, appellant was being sentenced for the separate offénses of attempted sexual battery and simple battery, each of which was also a violation of probation imposed in an earlier case. At the sentencing, the trial judge relied on our decision in Carter v. State, 571 So.2d 520 (Fla. 4th DCA 1990), and multiplied legal constraint points by a multiplier of two (one for each of the substantive offenses for which he was being sentenced). Unfortunately, the use of a multiplier for legal restraint points, and consequently our Carter decision,1 was disapproved by the…