MARSHALL SANDERS CROCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Crocker appeals a departure sentence imposed based on his unscored juvenile record consisting of four adjudications from 1986. The Fifth District Court of Appeal affirmed the trial court's authority to consider the juvenile record as a sentencing factor but vacated and remanded the sentence for correction of a probationary condition that did not match the oral pronouncement.
The court concluded that the unscored juvenile record in this case was adequate to support a departure sentence. However, the court vacated the sentence and remanded for correction because the written sentencing order's probation provision did not conform to the oral pronouncement.
[1] A departure sentence may not be justified by a minimal juvenile record.
[2] An extensive unscored juvenile record may support a departure sentence.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Several courts have held that three prior juvenile convictions do not present a sufficient juvenile record to justify a departure sentence.”
Establishes the legal standard that a minimal juvenile record is insufficient for departure sentencing
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn January 17, 1986, appellant committed four offenses, at least two arising from a single incident involving breaking into a car and stealing a car s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Departure Sentence cases and more on FLexlaw
GRIFFIN, Judge.
This is the appeal of a departure sentence imposed on the basis of appellant's unscored juvenile record.
The juvenile record relied upon by the trial court (the Pre-Sentence Investigation Report) indicates that on January 30, 1986 appellant was adjudicated guilty of four offenses, all committed on the same date, January 17, 1986. At least two of these adjudications appear to have resulted from a single incident where appellant broke into a car and stole the car stereo. On the same day, appellant committed the offenses of “theft and dealing in stolen property” and burglary of a dwelling. It is unclear whether these four adjudications arose out of two or three separate criminal episodes.
Several courts have held that three prior juvenile convictions do not present a sufficient juvenile record to justify a departure sentence. Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989); Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989); Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988). These courts have concluded that in order to justify a departure sentence a defendant’s unscored juvenile record must be “extensive,” as was the case in Weems v. State, 451 So. 2d 1027 (Fla. 2d DCA 1984), approved, 469 So. 2d 128 (Fla.1985). See also Tillman v. State, 525 So. 2d 862 (Fla.1988). In Williams v. State, 504 So. 2d 392 (Fla.1987) the supreme court upheld a departure sentence based, in part, on two adjudications for arson, one burglary of an occupied dwelling and one shoplifting.1 In West v. State, 566 So. 2d 374 (Fla. 5th DCA 1990), we recently upheld a departure sentence based on three separate juvenile convictions but joined the Fourth District Court of Appeal2 in certifying to the supreme court the following question:
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?
We conclude this unscored juvenile record is adequate to support a departure sentence but we adopt and again certify the question we raised in West. The state concedes the probation portion of the written sentencing order is incorrect and should be corrected to conform to the oral pronouncement.
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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crocker v. State, 581 So. 2d 580 (Fla. 1991)…BARKETT, Justice. We have for review Crocker v. State, 568 So. 2d 116 (Fla. 5th DCA 1990), which certified the following as a question of great public importance: In light of Weems [v. State, 469 So. 2d 128 (Fla.1985)], to what extent may a trial court consider a non-scoreable juvenile record in aggravating a senten…
Authorities Cited (12 total)
- Williams v. State, 504 So. 2d 392 (Fla. 1987)
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- Sherman v. State, 451 So. 2d 1027 (Fla. 2d DCA 1984)
- Tillman v. State, 525 So. 2d 862 (Fla. 1988)
- Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989)
- Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989)
- Musgrove v. State, 524 So. 2d 715 (Fla. 1st DCA 1988)
- Puffinberger v. State, 558 So. 2d 189 (Fla. 4th DCA 1990)
- Hyer v. State, 501 So. 2d 189 (Fla. 2d DCA 1987)
- White v. State, 501 So. 2d 189 (Fla. 5th DCA 1987)