Opinion
No. 89-060.
Filed April 20, 1990.
Appeal from the District Court for Adams County, BERNARD SPRAGUE, Judge, upon the recommendation of the Appellate Division of the District Court, REAGAN ENDACOTT, and OLBERDING, District Judges. Sentence vacated, and cause remanded for resentencing.
Stephen A. Scherr, of Whelan Scherr, P.C., for appellant.
Robert M. Spire, Attorney General, and Donald E. Hyde for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, the court notes plain error as to the enhancement of the sentence, in that the record fails to disclose that defendant was represented by counsel at the time of the second conviction; therefore, the sentence is vacated, and the cause is remanded to the district court for resentencing.
SENTENCE VACATED, AND CAUSE REMANDED FOR RESENTENCING.