Puffinberger v. State, No. 75917

CourtUnited States State Supreme Court of Florida
Writing for the CourtKOGAN; SHAW
Citation581 So.2d 897
Parties16 Fla. L. Weekly S424 Carl PUFFINBERGER, Petitioner, v. STATE of Florida, Respondent.
Docket NumberNo. 75917
Decision Date06 June 1991

Page 897

581 So.2d 897
16 Fla. L. Weekly S424
Carl PUFFINBERGER, Petitioner,
v.
STATE of Florida, Respondent.
No. 75917.
Supreme Court of Florida.
June 6, 1991.

Page 898

Richard L. Jorandby, Public Defender and Margaret Good, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for respondent.

KOGAN, Justice.

We have for review Puffinberger v. State, 558 So.2d 189 (Fla. 4th DCA 1990), in which the Fourth District Court of Appeal certified the following question as being of great public importance:

IN LIGHT OF WEEMS, 1 TO WHAT EXTENT MAY A TRIAL COURT CONSIDER A NON-SCOREABLE JUVENILE RECORD IN AGGRAVATING A SENTENCE ABOVE THE GUIDELINES RANGE?

Id. at 189-90. We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const.

Carl Puffinberger was charged with aggravated child abuse on his stepdaughter in violation of section 827.03(1)(b), Florida Statutes (1987). The offense was alleged to have occurred between October 1, 1987 and November 19, 1988, and subsequently resulted in her death on November 23, 1988. On March 3, 1989, Puffinberger pled nolo contendere to aggravated child abuse.

Puffinberger's guideline scoresheet reflected three second-degree felony convictions for burglaries of his parent's house

Page 899

committed when Puffinberger was a juvenile. When sentencing Puffinberger for the aggravated child abuse, the trial court ruled that the three juvenile dispositions were unscoreable because they occurred more than three years prior to the instant offense. Fla.R.Crim.P. 3.701(d)(5)(c). This placed Puffinberger within the five-and-a-half-to-seven-years recommended sentencing range, or within four-and-a-half-to-nine-years permitted range. Fla.R.Crim.P. 3.988(d). However, relying on this Court's decision in Weems v. State, 469 So.2d 128 (Fla.1985), the trial court exceeded the guidelines based on the unscored juvenile record and sentenced Puffinberger to ten years' imprisonment.

On appeal, the Fourth District affirmed the departure concluding that under Weems, Puffinberger's unscored juvenile record served as a clear and convincing reason for departure. Puffinberger, 558 So.2d at 189. However, noting that some district courts have found that Weems requires that a juvenile record be extensive or significant, see, e.g., Blue v. State, 541 So.2d 736 (Fla. 1st DCA 1989); Carter v. State, 510 So.2d 930 (Fla. 5th DCA), review denied, 519 So.2d 986 (Fla.1987), the district court certified the above question. Puffinberger, 558 So.2d at 189.

Puffinberger contends that his record is not serious enough to warrant departure under Weems. Even the State conceded at oral argument that a juvenile record should be extensive or serious in order to be considered a valid reason for departure and urged that not only the extent of the record, but also the nature of the dispositions be considered. We...

To continue reading

Request your trial
37 practice notes
  • Williams v. State, No. 91-681
    • United States
    • Court of Appeal of Florida (US)
    • June 26, 1992
    ...for offenses committed subsequent to the offense being sentenced) can provide a valid basis for departure. See Puffinberger v. State, 581 So.2d 897 (Fla.1991); Wichael v. State, 567 So.2d 549 (Fla. 5th DCA 1990); Kirby v. State, 553 So.2d 1290 (Fla. 1st DCA 1989) rev. denied, 562 So.2d 346 ......
  • Haye v. State, No. 92-1019
    • United States
    • Court of Appeal of Florida (US)
    • March 5, 1993
    ...if the subsequent robberies had been scored on his guidelines scoresheet. To support this claim appellant cites to Puffinberger v. State, 581 So.2d 897 In Puffinberger, appellant pled nolo contendere to aggravated child abuse. Appellant's guidelines scoresheet reflected three second-degree ......
  • Wilder v. State, Nos. 89-205 and 89-593
    • United States
    • Court of Appeal of Florida (US)
    • September 30, 1991
    ...the same time. As such, appellant's juvenile record is not extensive or serious enough to warrant departure. See Puffinberger v. State, 581 So.2d 897 (Fla.1991). Further, appellant's adult record, while lengthy, consists primarily of property offenses similar to the kind for which appellant......
  • Steiner v. State, No. 90-01378
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1991
    ...permitted range, but these offenses occurred after the change in the guidelines concerning permitted ranges. See Puffinberger v. State, 581 So.2d 897, 900 2 The reasons for this view include the following. One, there is no requirement that a defendant with the requisite record must receive ......
  • Request a trial to view additional results
37 cases
  • Williams v. State, No. 91-681
    • United States
    • Court of Appeal of Florida (US)
    • June 26, 1992
    ...for offenses committed subsequent to the offense being sentenced) can provide a valid basis for departure. See Puffinberger v. State, 581 So.2d 897 (Fla.1991); Wichael v. State, 567 So.2d 549 (Fla. 5th DCA 1990); Kirby v. State, 553 So.2d 1290 (Fla. 1st DCA 1989) rev. denied, 562 So.2d 346 ......
  • Haye v. State, No. 92-1019
    • United States
    • Court of Appeal of Florida (US)
    • March 5, 1993
    ...if the subsequent robberies had been scored on his guidelines scoresheet. To support this claim appellant cites to Puffinberger v. State, 581 So.2d 897 In Puffinberger, appellant pled nolo contendere to aggravated child abuse. Appellant's guidelines scoresheet reflected three second-degree ......
  • Wilder v. State, Nos. 89-205 and 89-593
    • United States
    • Court of Appeal of Florida (US)
    • September 30, 1991
    ...the same time. As such, appellant's juvenile record is not extensive or serious enough to warrant departure. See Puffinberger v. State, 581 So.2d 897 (Fla.1991). Further, appellant's adult record, while lengthy, consists primarily of property offenses similar to the kind for which appellant......
  • Steiner v. State, No. 90-01378
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1991
    ...permitted range, but these offenses occurred after the change in the guidelines concerning permitted ranges. See Puffinberger v. State, 581 So.2d 897, 900 2 The reasons for this view include the following. One, there is no requirement that a defendant with the requisite record must receive ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT