641 So. 2d 496

Michael PRINCE, Appellant, v. The STATE of Florida, Appellee.

No. 94-805.

District Court of Appeal of Florida, Third District.

Aug. 24, 1994.

*497Greenman & Manz, Marathon, for appellant.

Robert A. Butterworth, Atty. Gen. and Joni Braunstein, Asst, Atty. Gen., for appel-lee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

SCHWARTZ, Chief Judge.

We agree with the trial court that the more-than-three-year-old convictions of the defendant for which, as a then-seventeen-year-old, he was classified and sentenced under the Youthful Offender Act, sections 958.-011-15, Florida Statutes (1993), were not excludable as “juvenile dispositions” and were therefore properly scored in the guidelines computation as part of his “prior record.” See Fla.R.Crim.P. 3.701(d)(5) (1993) 1; Fla.R.Crim.P. 3.701(d)(5)(G) (1993).2

In our view, the fact that youthful offender treatment requires, in the case of a person less than eighteen, a “transfer!] for prosecution to the criminal division of the circuit court,” § 958.04(l)(a), Fla.Stat. (1993), precludes treating such a sentence as a “juvenile disposition.” Under section 39.053(4), in turn, true “juvenile dispositions” are adjudications of delinquency, which are “the equivalent of convictions” under Rule 3.701(d)(5)(G), not the actual Y.O.A. convictions with which we are here concerned.3

Affirmed.

Prince v. State
641 So. 2d 496

Case Details

Name
Prince v. State
Decision Date
Aug 24, 1994
Citations

641 So. 2d 496

Jurisdiction
Florida

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