CORY LAMAR WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal from a conviction and sentence in a robbery case. While we can agree with appellant that it was harsh to treat him as an adult criminal rather than a juvenile delinquent, we are unable to rule that the trial judge abused his discretion in refusing to impose juvenile sanctions. However, with the exception of appellant's unscored juvenile record, the trial court’s reasons for departure are invalid. Although the unscored juvenile record has been found to be a valid reason for departure, Weems v. State, 469 So. 2d 128 (Fla.1985), we doubt that this factor, standing alone, will justify a departure in this case for two reasons. First, appellant’s juvenile record is of a quite minimal nature; second, although the crime for which appellant was convicted is a serious one (robbery) the circumstances under which this crime was committed are not. Appellant’s sentence remains within the trial court’s discretion.
SENTENCE QUASHED; REMANDED.
ORFINGER, J., concurs.
COBB, J., concurs in result only.
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Citator
Cited By
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Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988)…judications equivalent to conviction of an adult. Weems v. State; Walker v. State, 519 So. 2d 1105 (Fla. 3rd D.C.A. 1988); Carter v. State, 510 So. 2d 930 (Fla. 5th D.C.A. 1987); Jones v. State, 501 So. 2d 665 (Fla. 1st D.C.A. 1987); White v. State, 501 So. 2d 189 (Fla. 5th D.C.A. 1987). In this case, seven entries appear on appellant’s juvenile “rap sheet,” only three of which clearly and unambiguously reflect adjudications equivalent to conviction of an adult. Of the three offenses which resulted in adjudic…
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Arzell Brown, Jr. v. State, 528 So. 2d 981 (Fla. 2d DCA 1988)…ithout an evidentiary hearing and in its order incorporated by reference the state’s attachments to its response to Brown’s motion. None of these attachments conclusively refutes Brown’s allegation, which presents a factual issue. See Hyer v. State, 501 So. 2d 189 (Fla.2d DCA 1987). Accordingly, we reverse and remand to the trial court for further proceedings consistent with Florida Rule of Criminal Procedure 3.850. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal…
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Crocker v. State, 568 So. 2d 116 (Fla. 5th DCA 1990)…AFFIRMED in part; SENTENCE VACATED in Case No. 89-586-CF-J; and REMANDED for correction of sentence. DATJKSCH and PETERSON, JJ., concur. . This court earlier indicated that a "minimal" juvenile record should not justify departure. White v. State, 501 So. 2d 189 (Fla. 5th DCA 1987). . Puffinberger v. State, 558 So. 2d 189 (Fla. 4th DCA 1990).…
Authorities Cited
- Weems v. State, 469 So. 2d 128 (Fla. 1985)