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ALLEN v. STATE

No. 92-1255.

611 So.2d 1313 (1993)

Brian ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 8, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The trial court entered a sentence of ten years' incarceration in this case, which was an upward departure from the guidelines of four cells. The basis for the departure was "unscored juvenile offenses."

In Puffinberger v. State, 581 So.2d 897 (Fla. 1991), the Florida Supreme Court held that,

[A] nonscoreable juvenile record may be considered as a reason for departure only to the extent it contains...

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