Jones v. State, Nos. BJ-402

CourtCourt of Appeal of Florida (US)
Writing for the CourtZEHMER; ZEHMER
Citation501 So.2d 665,12 Fla. L. Weekly 247
Parties12 Fla. L. Weekly 247, 12 Fla. L. Weekly 440 Cledius Orlando JONES, Appellant, v. STATE of Florida, Appellee.
Decision Date13 January 1987
Docket NumberNos. BJ-402,BK-321

Page 665

501 So.2d 665
12 Fla. L. Weekly 247, 12 Fla. L. Weekly 440
Cledius Orlando JONES, Appellant,
v.
STATE of Florida, Appellee.
Nos. BJ-402, BK-321.
District Court of Appeal of Florida,
First District.
Jan. 13, 1987.
On Motion for Rehearing Feb. 4, 1987.

Page 666

Michael E. Allen, Public Defender, David A. Davis, Asst. Public Defender and Pamela D. Presnell, Legal Asst., Tallahassee, for appellant.

Jim Smith, Atty. Gen., and John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

Cledius Jones pled guilty to burglary (count one), grand theft (count two), and trafficking in stolen property (count three, merged with counts one and two before sentencing). The trial court departed from the recommended guidelines sentence of four and one-half to five and one-half years, and sentenced Jones to ten years in state prison on count one and five years on count two, to run concurrently. The judge gave two reasons for departure:

1) the defendant's extensive juvenile record; and

2) [defendant is] a continuing threat to the community due to the fact that the temporal proximity of the commission of the crimes evinces a total disregard of the property rights of others.

Appellant contends that both of these reasons are invalid. We agree and reverse.

Rule 3.701(d)(5)(c), Florida Rules of Criminal Procedure, requires the scoresheet to reflect, as part of the defendant's prior record, "all prior juvenile dispositions which are the equivalent of convictions as defined in section (d)(2), occurring within three (3) years of the commission of the primary offense and which would have been criminal if committed by an adult." Conviction is defined in subsection (d)(2) as "a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended." The trial judge may not consider juvenile offenses for which convictions were not obtained, Weems v. State, 469 So.2d 128, 130 (Fla.1985), or which have already been factored into the guidelines sentence, Hendrix v. State, 475 So.2d 1218, 1220 (Fla.1985). The judge may properly consider any juvenile convictions more than three years old as a reason to depart. Weems v. State, 469 So.2d at 130.

In this case, the judge apparently relied on the presentence investigation for the record of appellant's juvenile offenses.

Page 667

But the PSI does not show any adjudications of guilt, and the record is unclear as to the...

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7 practice notes
  • Turner v. Turner, No. BT-153
    • United States
    • Court of Appeal of Florida (US)
    • April 20, 1988
    ...was the primary wage earner, does not defeat the claim of the spouse who contributed to the family welfare in other ways." Crapps, 501 So.2d at 665; Sanders, 492 So.2d at 707; Brown v. Brown, 300 So.2d 719 (Fla. 1st DCA 1974), cert. dismissed, 307 So.2d 186 (Fla.1975); Buttner v. Buttner, 4......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...departure. Blue v. State, 541 So.2d 736 (Fla. 1st DCA 1989); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988); Jones v. State, 501 So.2d 665 (Fla. 1st DCA 1987), decision approved, 530 So.2d 53 (Fla.1988). Additionally, when the state offers prior convictions of disputed accuracy, the s......
  • Jaggers v. State, No. BQ-95
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 1987
    ...Therefore there is no prohibition against basing a departure sentence on such factors." 504 So.2d at 393. However, in Jones v. State, 501 So.2d 665 (Fla. 1st DCA (1987) this court Entries in criminal histories which show no disposition, disposition unknown, arrest only or other non-convicti......
  • Musgrove v. State, No. BR-331
    • United States
    • Court of Appeal of Florida (US)
    • May 6, 1988
    ...v. State; Walker v. State, 519 So.2d 1105 (Fla. 3rd D.C.A. 1988); Carter v. State, 510 So.2d 930 (Fla. 5th D.C.A. 1987); Jones v. State, 501 So.2d 665 (Fla. 1st D.C.A. 1987); White v. State, 501 So.2d 189 (Fla. 5th D.C.A. 1987). In this case, seven entries appear on appellant's juvenile "ra......
  • Request a trial to view additional results
7 cases
  • Turner v. Turner, No. BT-153
    • United States
    • Court of Appeal of Florida (US)
    • April 20, 1988
    ...was the primary wage earner, does not defeat the claim of the spouse who contributed to the family welfare in other ways." Crapps, 501 So.2d at 665; Sanders, 492 So.2d at 707; Brown v. Brown, 300 So.2d 719 (Fla. 1st DCA 1974), cert. dismissed, 307 So.2d 186 (Fla.1975); Buttner v. Buttner, 4......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...departure. Blue v. State, 541 So.2d 736 (Fla. 1st DCA 1989); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988); Jones v. State, 501 So.2d 665 (Fla. 1st DCA 1987), decision approved, 530 So.2d 53 (Fla.1988). Additionally, when the state offers prior convictions of disputed accuracy, the s......
  • Jaggers v. State, No. BQ-95
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 1987
    ...Therefore there is no prohibition against basing a departure sentence on such factors." 504 So.2d at 393. However, in Jones v. State, 501 So.2d 665 (Fla. 1st DCA (1987) this court Entries in criminal histories which show no disposition, disposition unknown, arrest only or other non-convicti......
  • Musgrove v. State, No. BR-331
    • United States
    • Court of Appeal of Florida (US)
    • May 6, 1988
    ...v. State; Walker v. State, 519 So.2d 1105 (Fla. 3rd D.C.A. 1988); Carter v. State, 510 So.2d 930 (Fla. 5th D.C.A. 1987); Jones v. State, 501 So.2d 665 (Fla. 1st D.C.A. 1987); White v. State, 501 So.2d 189 (Fla. 5th D.C.A. 1987). In this case, seven entries appear on appellant's juvenile "ra......
  • Request a trial to view additional results

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