JAMES BLUE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Blue Jr. was convicted of attempted burglary and sentenced to 18 months community control with 6 months jail time. The trial court departed from the sentencing guidelines range based on Blue's unscored juvenile record. The appellate court reversed, holding that the three juvenile adjudications were insufficient to constitute an 'extensive' or 'significant' record warranting departure from guidelines.
The trial court erred in departing from the guidelines range. While an unscored juvenile record may be considered as a basis for departure, it is only valid if the juvenile record is extensive and the juvenile offenses were disposed of by adjudications equivalent to conviction of an adult. The three adjudications in Blue's record did not meet this threshold.
[1] A trial court may depart from the recommended sentencing guidelines range based on a defendant's unscored juvenile record only if the juvenile record is extensive and the…
[2] Three juvenile offenses resulting in adjudications of guilt do not, as a matter of law, constitute an extensive or significant juvenile record sufficient to warrant a dep…
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Join FLexlaw to unlock all legal intelligence“An unscored juvenile record may be considered as a basis for departure only "if the juvenile record is extensive, and only if the juvenile offenses were disposed of by adjudications equivalent to conviction of an adult."”
Establishes the legal standard for when a juvenile record can justify departure from sentencing guidelines
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Join FLexlaw to unlock all legal intelligenceBlue was convicted by jury of attempted burglary of a structure. The sentencing guidelines recommended any nonstate prison sanction. The trial court i…
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WENTWORTH, Judge.
Appellant seeks review of a sentence of 18 months community control with a special condition of six months jail time imposed upon his conviction of attempted burglary of a structure. He contends the trial court erred in departing from the recommended sentencing guidelines range of any nonstate prison sanction. We reverse, finding the trial court erred in departing from the guidelines range on the basis of appellant’s unscored juvenile record.
Following a jury trial, appellant was convicted of attempted burglary of a structure, in violation of sections 810.02 and 777.04, Florida Statutes, and sentenced to 18 months community control with a special condition of six months jail time. The recommended guidelines sentence was any nonstate prison sanction. In a written articulation of its reason for departure from the guidelines range, the trial court stated:
Pursuant to the requirement set forth in Rule 3.701(d)(6), the court hereby states that the sentence was imposed above the presumptive sentence because the defendant has a significant juvenile record that is not a factor calculated in the sentencing guidelines.
Courts have found that “the fact that a defendant’s record reflects the commission of offenses which cannot be scored because the offenses were committed when the defendant was a juvenile may ... be a valid reason for departure....” Musgrove v. State, 524 So. 2d 715, 716 (Fla. 1st DCA 1988), citing Weems v. State, 469 So. 2d 128 (Fla.1985) and Williams v. State, 504 So. 2d 392 (Fla.1987). An unscored juvenile record may be considered as a basis for departure only “if the juvenile record is extensive, and only if the juvenile offenses were disposed of by adjudications equivalent to conviction of an adult.” Musgrove at 716. In Musgrove, the trial court found that the defendant’s three juvenile offenses which resulted in adjudications of guilt, one of which was a felony, were insufficient to constitute a substantial juvenile record warranting imposition of a departure sentence. In this case, appellant’s presentence investigative report reveals five entries under his juvenile arrest history, three of which reflect adjudications equivalent to adult convictions for crimes of entering without breaking, petty theft, and simple battery. We find the three offenses resulting in adjudications of guilt do not meet the requirement that an unscored juvenile record may be a basis for departure only if it is “extensive,” Weems, supra, or “significant,” Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987).
The order is therefore reversed.
THOMPSON and WIGGINTON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Puffinberger v. State, 581 So. 2d 897 (Fla. 1991)…ile record served as a clear and convincing reason for departure. Puffinberger, 558 So. 2d at 189. However, noting that some district courts have found that Weems requires that a juvenile record be extensive or significant, see, e.g., Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989); Carter v. State, 510 So. 2d 930 (Fla. 5th DCA), review denied, 519 So. 2d 986 (Fla.1987), the district court certified the above question. Puffinberger, 558 So. 2d at 189. Puffinberger contends that his record is not serious en…
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Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989)…vide sufficient reason for departure from the guidelines, Williams v. State, 504 So. 2d 392 (Fla.1987); Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988), but three prior juvenile convictions are insufficient to support departure. Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989); Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988); Jones v. State, 501 So. 2d 665 (Fla. 1st DCA 1987), decision approved, 530 So. 2d 53 (Fla.1988). Additionally, when the state offers prior convictions of disputed accuracy,…
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Velez v. State, 596 So. 2d 1197 (Fla. 3d DCA 1992)…92, 105 S.Ct. 267, 83 L.Ed.2d 203 (1984); Scarborough v. State, 50 Md.App. 276, 437 A. 2d 672 (1981). . It is not the juvenile offenses themselves that justified departure, but the pattern of increasing violence that they formed. Cf. Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989) (three juvenile convictions insufficient to support departure). . Because of our disposition of the main appeal, we do not reach the issues raised by the State’s cross-appeal.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 504 So. 2d 392 (Fla. 1987)
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987)
- Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988)