Kyree Johnson v. State

• Court: District Court of Appeal of Florida
• Decided: November 27, 2017
• Docket: 5D17-1462
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

KYREE JOHNSON,

Appellant,

v. Case No. 5D17-1462

STATE OF FLORIDA,

Appellee.

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Opinion filed December 1, 2017

Appeal from the Circuit Court for Brevard County, Jeffrey F. Mahl, Judge.

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Fla. R. Crim. P. 3.704(d)(14) (expressly providing that “prior

record” on criminal punishment code scoresheet includes convictions for offenses

committed by the offender as a juvenile); Mendoza-Magadan v. State, 217 So. 3d 112,

113 (Fla. 4th DCA 2017) (rejecting defendant’s argument that his prior juvenile dispositions rendered without a jury trial should not be included on his scoresheet when

calculating the lowest permissible prison sentence); Nichols v. State, 910 So. 2d 863, 865

(Fla. 1st DCA 2005) (holding that a defendant’s “prior juvenile dispositions are valid as

prior criminal convictions because Florida’s juvenile procedures are constitutionally

sound”) (citing N.C. v. Anderson, 882 So. 2d 990 (Fla. 2004))).

COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.