Puffinberger v. State

Appellant Puffinberger seeks review of the trial court’s upward departure from the sentencing guidelines resulting in a sentence of ten years imprisonment for the crime of aggravated child abuse in violation of section 827.03(l)(b), Florida Statutes (1987). We affirm the conviction and sentence.

Appellant pled nolo contendere to a charge of aggravated child abuse. His guideline scoresheet reflected three prior second degree felony convictions for burglaries against his father’s house committed when appellant was a juvenile. The court ruled the three offenses were uns-coreable because they…