Filed: Nov. 27, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KYREE JOHNSON, Appellant, v. Case No. 5D17-1462 STATE OF FLORIDA, Appellee. _/ Opinion filed December 1, 2017 Appeal from the Circuit Court for Brevard County, Jeffrey F. Mahl, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahas
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KYREE JOHNSON, Appellant, v. Case No. 5D17-1462 STATE OF FLORIDA, Appellee. _/ Opinion filed December 1, 2017 Appeal from the Circuit Court for Brevard County, Jeffrey F. Mahl, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahass..
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KYREE JOHNSON,
Appellant,
v. Case No. 5D17-1462
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 1, 2017
Appeal from the Circuit Court
for Brevard County,
Jeffrey F. Mahl, Judge.
James S. Purdy, Public Defender, and
Noel A. Pelella, Assistant Public Defender,
Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
AFFIRMED. See Fla. R. Crim. P. 3.704(d)(14) (expressly providing that “prior
record” on criminal punishment code scoresheet includes convictions for offenses
committed by the offender as a juvenile); Mendoza-Magadan v. State,
217 So. 3d 112,
113 (Fla. 4th DCA 2017) (rejecting defendant’s argument that his prior juvenile
dispositions rendered without a jury trial should not be included on his scoresheet when
calculating the lowest permissible prison sentence); Nichols v. State,
910 So. 2d 863, 865
(Fla. 1st DCA 2005) (holding that a defendant’s “prior juvenile dispositions are valid as
prior criminal convictions because Florida’s juvenile procedures are constitutionally
sound”) (citing N.C. v. Anderson,
882 So. 2d 990 (Fla. 2004))).
COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.
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