Opinion

Brown v. State

  • 609 So. 2d 60
  • 1992 Fla. App. LEXIS 11658
  • 1992 WL 336070
Court
District Court of Appeal of Florida
Filed
Nov 18, 1992
Status
Published
On the bench
Anstead, Owen, Stone, William
Cited by
0 cases
Authority
More cited than 0.1%

The opinion

PER CURIAM.

The appellant has raised numerous issues but has failed to demonstrate reversible error as to his conviction. On the issue of appellant’s waiver of counsel during police interrogation we conclude that there was competent substantial evidence to support the trial court’s conclusion that there was a waiver even though the evidence was in conflict. See Walton v. State, 481 So.2d 1197 (Fla.1985). We agree with appellant however, that the trial court’s reasons for deviating from the sentencing guidelines are either legally insufficient or are not supported by the record. *61 Puffinberger v. State, 581 So.2d 897 (Fla.1991). Under Puffinberger , a substantial juvenile record may support a deviation sentence, but only if the unscored record, if scored, would have permitted the sentence actually imposed.

Accordingly, we affirm appellant’s convictions but remand for resentencing. On remand the trial court may again consider deviating from the guidelines, but only if it can be demonstrated on the record that the appellant’s unscored juvenile record was extensive enough, that if scored,⅛ it would have supported the sentence previously imposed.

ANSTEAD, STONE, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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