Ledford v. State

District Court of Appeal of Florida

Ledford v. State

623 So. 2d 818, 1993 Fla. App. LEXIS 8901, 1993 WL 331403

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1993

DocketNo. 92-0909

StatusPublished

This text of 623 So. 2d 818 (Ledford v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ledford v. State, 623 So. 2d 818, 1993 Fla. App. LEXIS 8901, 1993 WL 331403 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The sole point meriting discussion is the defendant’s sentence. The sentence imposed in the present case exceeded those set out in the guidelines because the trial court considered the juvenile’s record. Under Puffinberger v. State, 581 So.2d 897 (Fla.1991), an unscored juvenile record is considered for departure purposes only if the record is significant or serious, or if the number and the nature of the dispositions when considered in combination amounts to a significant record. We conclude, after reviewing this defendant’s juvenile record, that his record does not constitute a significant record and should not have been considered.

We reverse and remand for resentencing.

REVERSED AND REMANDED.

[819]*819ANSTEAD and KLEIN, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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PER CURIAM.

The sole point meriting discussion is the defendant’s sentence. The sentence imposed in the present case exceeded those set out in the guidelines because the trial court considered the juvenile’s record. Under Puffinberger v. State, 581 So.2d 897 (Fla.1991), an unscored juvenile record is considered for departure purposes only if the record is significant or serious, or if the number and the nature of the dispositions when considered in combination amounts to a significant record. We conclude, after reviewing this defendant’s juvenile record, that his record does not constitute a significant record and should not have been considered.

We reverse and remand for resentencing.

REVERSED AND REMANDED.

[819]*819ANSTEAD and KLEIN, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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Bluebook (online)

623 So. 2d 818, 1993 Fla. App. LEXIS 8901, 1993 WL 331403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledford-v-state-fladistctapp-1993.

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