MIZE v. STATE

No. 85-2476.

495 So.2d 845 (1986)

Jack MIZE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 7, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


SCHWARTZ, Chief Judge.

In computing the defendant's guidelines score, the trial court, over objection, included points under the "legal status" or "legal constraint" category because, at the time Mize committed the instant offense in Monroe County, he had been granted pretrial custody release on a Dade County felony charge. We agree with Mize that this addition was unauthorized.

Florida Rule of Criminal Procedure 3.701d expressly provides:

6. Legal...

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