CARL PUFFINBERGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Puffinberger appeals his upward departure sentence for aggravated child abuse, challenging the trial court's reliance on his unscoreable juvenile record to exceed the guideline range. The court affirms the conviction and sentence but certifies a question of great public importance regarding the extent to which juvenile records may justify sentencing departures.
The court affirms the trial court's ruling that the unscoreable juvenile record may justify upward departure from sentencing guidelines, but certifies a question of great public importance regarding the proper scope and extent of considering non-scoreable juvenile records in sentencing decisions.
[1] A defendant's unscored juvenile record, containing offenses disposed of by adjudications equivalent to conviction of an adult, can be a clear and convincing reason for de…
[2] Juvenile offenses disposed of by adjudications equivalent to adult convictions may be considered for upward departure from sentencing guidelines even if they occurred mor…
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Join FLexlaw to unlock all legal intelligence“a defendant's unscored juvenile record, containing offenses disposed of by adjudications equivalent to conviction of an adult, can be a clear and convincing reason for departure”
Establishes the legal standard from Weems for using juvenile records in sentencing departures
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Join FLexlaw to unlock all legal intelligencePuffinberger pleaded nolo contendere to aggravated child abuse. His guideline scoresheet reflected three prior second-degree felony burglary convictio…
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PER CURIAM.
Appellant Puffinberger seeks review of the trial court’s upward departure from the sentencing guidelines resulting in a sentence of ten years imprisonment for the crime of aggravated child abuse in violation of section 827.03(l)(b), Florida Statutes (1987). We affirm the conviction and sentence.
Appellant pled nolo contendere to a charge of aggravated child abuse. His guideline scoresheet reflected three prior second degree felony convictions for burglaries against his father’s house committed when appellant was a juvenile. The court ruled the three offenses were uns-coreable because they occurred more than three years prior to the instant offense. This placed appellant in the five and one half to seven years imprisonment range. However, the trial court chose to exceed the guidelines based on the unscoreable juvenile record and pursuant to Weems v. State, 469 So. 2d 128 (Fla.1985).
Under Weems, wherein the defendant’s thirteen juvenile dispositions were held to be valid considerations in sentencing above the guidelines, a defendant’s unscored juvenile record, containing offenses disposed of by adjudications equivalent to conviction of an adult, can be a clear and convincing reason for departure. Id. Some district courts of appeal have taken the Weems opinion to imply that to be justification for departure, the juvenile record must be extensive. See Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989); Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987). We affirm the trial court’s ruling; however, we certify the following question as being one of great public importance:
IN LIGHT OF WEEMS, TO WHAT EXTENT MAY A TRIAL COURT CONSIDER A NON-SCOREABLE JUVENILE RECORD IN AGGRAVATING A SEN TENCE ABOVE THE GUIDELINES RANGE?
WALDEN and POLEN, JJ., concur. ANSTEAD, J., concurs specially with opinion.
ANSTEAD, Judge,
specially concurring.
Because of the Supreme Court’s holding in Weems, I agree that we should affirm the appellant’s departure sentence and certify the issue as to the extent a court may rely on an unscored juvenile record in departing from a guidelines sentence.
There is clearly a tension between the policies excluding a juvenile record from consideration in computing a guidelines sentence, but allowing such record to be used as a reason for departing from the guidelines. The latter policy would appear on its face to overrule the policy adopted by the guidelines drafters to exelude consideration of a juvenile record except as provided by Rule 3.701(d)(5)(c), Florida Rules of Criminal Procedure. This tension is apparently the reason why some courts have required an “extensive” juvenile record to support departure. Weems contains no such restriction.
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Puffinberger v. State, 581 So. 2d 897 (Fla. 1991)…KOGAN, Justice. We have for review Puffinberger v. State, 558 So. 2d 189 (Fla. 4th DCA 1990), in which the Fourth District Court of Appeal certified the following question as being of great public importance: IN LIGHT OF WEEMS,[ ] TO WHAT EXTENT MAY A TRIAL COURT CONSIDER A NON-SCOREABLE JUVENILE RECORD IN AGGRAVATING…
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Crocker v. State, 568 So. 2d 116 (Fla. 5th DCA 1990)…nd 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).…
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West v. State, 566 So. 2d 374 (Fla. 5th DCA 1990)…PER CURIAM. AFFIRMED. Weems v. State, 469 So. 2d 128 (Fla.1985); Puffinberger v. State, 558 So. 2d 189 (Fla.4th DCA 1990). We certify the following question as being one of great public importance: IN LIGHT OF WEEMS, TO WHAT EXTENT MAY A TRIAL COURT CONSIDER A NON-SCOREABLE JUVENILE RECORD IN AGGRAVATING A SENTENCE ABOVE THE GUIDELINES RANGE? DA…
Authorities Cited
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987)
- Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989)