Opinion
No. 95-3516.
September 18, 1996.
Appeal from the Circuit Court, Palm Beach County, Stephen A. Rapp, J.
John A. Garcia of John A. Garcia, P.A., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.
Following his conviction for escape, appellant received a fifteen-year sentence, which is to run consecutively with his life sentence for first-degree murder. He argues on appeal that the trial court erred in using the unscoreable prior conviction for first degree murder as the sole reason for departure. We disagree and affirm. See Puffinberger v. State, 581 So.2d 897 (Fla. 1991); Weems v. State, 469 So.2d 128 (Fla. 1985).
GLICKSTEIN, WARNER and GROSS, JJ., concur.