Crocker v. State, No. 76936

CourtUnited States State Supreme Court of Florida
Writing for the CourtBARKETT; SHAW
Citation581 So.2d 580
PartiesMarshall Sanders CROCKER, Petitioner, v. STATE of Florida, Respondent. 581 So.2d 580, 16 Fla. L. Week. S433
Docket NumberNo. 76936
Decision Date06 June 1991

Page 580

581 So.2d 580
Marshall Sanders CROCKER, Petitioner,
v.
STATE of Florida, Respondent.
No. 76936.
581 So.2d 580, 16 Fla. L. Week. S433
Supreme Court of Florida.
June 6, 1991.

James B. Gibson, Public Defender and Paolo Annino and Brynn Newton, Asst. Public Defenders, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Page 581

Robert A. Butterworth, Atty. Gen. and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for respondent.

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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1 practice notes
  • Lee v. State, No. 91-1762
    • United States
    • Court of Appeal of Florida (US)
    • October 12, 1992
    ...he would still have fallen into the "life" cell, citing Puffinberger v. State, 581 So.2d 897 (Fla.1991), and Crocker v. State, 581 So.2d 580 (Fla.1991). He also contends that first degree felonies punishable by life and life felonies are not subject to enhancement under section 77......
1 cases
  • Lee v. State, No. 91-1762
    • United States
    • Court of Appeal of Florida (US)
    • October 12, 1992
    ...he would still have fallen into the "life" cell, citing Puffinberger v. State, 581 So.2d 897 (Fla.1991), and Crocker v. State, 581 So.2d 580 (Fla.1991). He also contends that first degree felonies punishable by life and life felonies are not subject to enhancement under section 77......

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