ALVAREZ v. STATE

No. 95-3516.

679 So.2d 872 (1996)

Florencio ALVAREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 18, 1996.


Attorney(s) appearing for the Case

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.


PER CURIAM.

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,

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