ADAMS v. STATE

No. 90-1328.

577 So.2d 963 (1991)

Bobby ADAMS, a/K/a Robert Shelton, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing April 18, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a sentence.

The principal issue involves the points to be assessed for "legal constraint." When a defendant is on probation or community control or is in custody and commits another crime, he is to be treated more severely than a defendant who was not under legal constraint. Here, appellant was on probation and then committed more than one crime. The sentencing judge assessed points for each crime he committed (and convicted...

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