Chaffin v. State

Full title: DONALD CHAFFIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 31, 1985

480 So. 2d 700 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-1062.

December 31, 1985.

Appeal from the Circuit Court, Broward County, Barry J. Stone, J.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court used three prior uncounseled misdemeanor convictions in calculating the sentencing guidelines scoresheet, causing appellant's score to be aggravated one cell. This was impermissible. Pilla v. State, 477 So.2d 1088 (Fla. 4th DCA 1983), and Hayes v. State, 468 So.2d 470 (Fla. 4th DCA 1985). We reverse and remand for resentencing.

We further reverse the imposition of costs and remand for reconsideration and a proper determination. Jenkins v. State, 444 So.2d 947 (Fla. 1984), and Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985).

Reversed and Remanded.

DOWNEY and WALDEN, JJ., and WESSEL, JOHN D., Associate Judge, concur.