STATE v. KING

No. 92-2269.

629 So.2d 278 (1993)

STATE of Florida, Appellant, v. Bernard KING, Appellee.

District Court of Appeal of Florida, Fifth District.

December 17, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellee.


PETERSON, Judge.

The state appeals Bernard King's guideline sentence based upon the trial court's refusal to assess points for legal constraint. We reverse.

King was under "control release" pursuant to section 947.16, Florida Statutes (1992), but the release was revoked and a warrant was issued for his arrest. When an officer attempted to serve the warrant and place King in custody, he resisted, picked up a rake and approached the officer in a menacing manner...

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