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STATE v. CHENAULT

No. 88-1531.

543 So.2d 1314 (1989)

STATE of Florida, Appellant, v. Wayne Steven CHENAULT, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Barbara C. Davis, Asst. Public Defender, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a guideline sentence. The state maintains the sentencing judge erred in failing to assess points against appellee because he committed the crime while in custody serving a sentence. Rule 3.701(d)(6) in conjunction with Rule 3.988(i) says that persons who are in custody serving a sentence and who then commit another crime shall have twenty-four points scored against them, thus increasing the sentence in many cases.

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