West v. State

Full title: ANDRE D. WEST, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 13, 1990

566 So. 2d 374 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2265.

September 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 DCA 1990).

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.