West v. State, 89-2265

• Decision Date: 13 September 1990
• Docket Number: No. 89-2265,89-2265
• Citation: West v. State, 566 So.2d 374 (Fla. App. 1990)
• Court: Florida District Court of Appeals
• Parties: 15 Fla. L. Weekly D2311 Andre D. WEST, Appellant, v. STATE of Florida, Appellee.

Page 374

566 So.2d 374

15 Fla. L. Weekly D2311

Andre D. WEST, Appellant, v.STATE of Florida, Appellee.

No. 89-2265.

District Court of Appeal of Florida, Fifth District.

Sept. 13, 1990.

Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.

James B. Gibson, Public Defender and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Sean Daly, Asst. Atty. Gen. and David G. Mersch, Certified Legal Intern, Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.Weems v. State, 469 So.2d 128(Fla.1985);Puffinberger v. State, 558 So.2d 189(Fla.4th DCA1990).

We certify the following question as being one of great public importance:

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

DAUKSCH, W. SHARP and GOSHORN, JJ., concur.