CLINTON EDWARD BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1978-12-29
No. KK-74
BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.
365 So. 2d 463 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Bell contends the trial court improperly considered Bell’s juvenile record in the sentencing determination arguing that the inclusion of juvenile records in the pre-sentence investigation report and consideration of this information by the court in determining the sentence of an adult offender was contrary to the legislative intent expressed by Chapter 39, Florida Statutes (1977). We disagree and hold that juvenile records may properly be included in the presentence investigation report of an adult offender and may properly be considered by the trial court in his sentencing determination. Such information is material and relevant to the sentencing determination. A rule which would prevent consideration of an adult offender’s prior juvenile record would unjustly penalize the adult offender who had no significant juvenile record. Since we find no error in the trial court’s consideration of Bell’s juvenile record, the judgment and sentence are AFFIRMED.

BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.


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Citator

Cited By

  • Dickens v. State, 368 So. 2d 950 (Fla. 1st DCA 1979)
    …on to include all factual information in the non-eonfidential portion of the PSI. Appellant’s second point, that it was error for the trial court to consider his juvenile record in sentencing, has already been rejected by this court. Bell v. State, 365 So. 2d 463 (Fla. 1st DCA 1978). The error by the trial court was not in considering the juvenile record, but in not disclosing it. Bronson v. State, supra. Implicit in Bell v. State, supra, is the holding that the juvenile record, otherwise confidential under…

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