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ZOZAK v. STATE

No. 90-943.

576 So.2d 312 (1990)

Douglas Walter ZOZAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing and to Certify Question February 7, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

COBB, HARRIS and PETERSON, JJ., concur.

ON MOTION FOR REHEARING AND MOTION TO CERTIFY THE QUESTION

We GRANT Appellant's motion for rehearing and certify to the supreme court the same question raised 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...

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