Crocker v. State

Supreme Court of Florida

Crocker v. State

581 So. 2d 580, 16 Fla. L. Weekly Supp. 433, 1991 Fla. LEXIS 898, 1991 WL 94296

CourtSupreme Court of Florida

DecidedJune 6, 1991

DocketNo. 76936

StatusPublished

Cited by1 cases

This text of 581 So. 2d 580 (Crocker v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crocker v. State, 581 So. 2d 580, 16 Fla. L. Weekly Supp. 433, 1991 Fla. LEXIS 898, 1991 WL 94296 (Fla. 1991).

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Opinion

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 sentence above the guidelines range?

Crocker, 568 So.2d at 116. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

This Court answered the same certified question in Puffinberger v. State, 581 So.2d 897 (Fla.1991), where we held that an unscoreable juvenile record may be used as a basis to depart from the guidelines only if the record is significant; and if the record is used to depart, the departure sentence can be no greater than the sentence would have been had the juvenile record been scored in calculating the guidelines sentence. Upon reviewing the record in this case, we conclude that Crocker’s juvenile record was not significant as explained in Puffinberger, and therefore the district court erred by affirming the guidelines departure. We quash Crocker to the extent that it conflicts with this decision, and remand this cause for further proceedings consistent with this opinion.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.

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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 sentence above the guidelines range?

Crocker, 568 So.2d at 116. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

This Court answered the same certified question in Puffinberger v. State, 581 So.2d 897 (Fla.1991), where we held that an unscoreable juvenile record may be used as a basis to depart from the guidelines only if the record is significant; and if the record is used to depart, the departure sentence can be no greater than the sentence would have been had the juvenile record been scored in calculating the guidelines sentence. Upon reviewing the record in this case, we conclude that Crocker’s juvenile record was not significant as explained in Puffinberger, and therefore the district court erred by affirming the guidelines departure. We quash Crocker to the extent that it conflicts with this decision, and remand this cause for further proceedings consistent with this opinion.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.

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581 So. 2d 580, 16 Fla. L. Weekly Supp. 433, 1991 Fla. LEXIS 898, 1991 WL 94296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crocker-v-state-fla-1991.

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