MARILYN CRIGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1986-04-30
No. 85-1864
DANAHY, A.C.J., and FRANK, J., concur.
487 So. 2d 420 Florida District Court of Appeal, Second District (1986) Negative Treatment
Cited by 12 cases
Topics
Uncounseled Misdemeanor Conviction Guidelines Scoresheet Waiver Of Right To Counsel Right To Counsel

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Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

Defendant appeals from her conviction and sentence for the crime of manslaughter. We find no merit in defendant’s first contention which is with regard to the conviction. We affirm the conviction.

The defendant’s second contention, which was also a contention made before the trial court, is that there was error in the sentence because the guidelines scoresheet erroneously scored six prior uncounseled misdemeanor convictions. This contention would be correct if those convictions were, in fact, uncounseled and defendant had not waived her right to counsel. See Hayes v. State, 468 So. 2d 470 (Fla. 4th DCA 1985). See also Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980). We cannot ascertain from the record whether or not defendant waived her right to counsel in those prior cases. Therefore, we remand for a determination in that regard and for resentencing if it is determined that those convictions were erroneously scored. See Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985).

Reversed and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and FRANK, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • R.C. Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987)
    …); and Allen v. State, 463 So. 2d 351 (Fla. 1st DCA 1985). It is also true that the improper scoring of uncounseled misdemeanor convictions in arriving at a defendant’s guidelines sentence has been the subject of a direct appeal in Crigler v. State, 487 So. 2d 420 (Fla. 2d DCA 1986), and has been collaterally attacked by a claim of ineffective assistance of counsel in Pettway v. State, 502 So. 2d 1353 (Fla. 2d DCA 1987). Accordingly, this Court requested the State to file a brief addressing, inter alia, the q…
  • Jackson Croft v. State, 513 So. 2d 759 (Fla. 2d DCA 1987)
    …eging that he was not represented by counsel when the convictions were obtained. We realize that prior uncounseled convictions may not be included on a guidelines scoresheet if the defendant did not waive his right to counsel. See Crigler v. State, 487 So. 2d 420 (Fla. 2d DCA 1986). A duly entered judgment of conviction and sentence, however, is presumed valid, and a defendant attacking the validity of prior convictions has the burden of proving the alleged grounds by a preponderance of the evidence. Allen v…
  • Annechino v. State, 557 So. 2d 915 (Fla. 4th DCA 1990)
    …a prior uncounseled 1983 DWI conviction on Annechino’s sentencing guidelines scoresheet. It is clear that prior un-counseled convictions cannot be used on a guidelines scoresheet if the defendant did not waive his right to counsel. Crigler v. State, 487 So. 2d 420 (Fla. 2d DCA 1986). At the time Annechino entered his guilty plea in 1983 he was not advised of his right to an attorney, he didn’t waive the right to an attorney, and he didn’t have an attorney. It is true (and perhaps this served to mislead the tr…

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