DAVID WILLIAM FRETWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID WILLIAM FRETWELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
503 So. 2d 1000
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm appellant's conviction but vacate his sentence and remand for a new sentencing hearing. We believe the trial court erred in assessing points against appellant with reference to his prior failure to appear for a hearing in traffic court, and also for assessing points for previous un-counseled convictions without determining whether counsel had been properly waived in those cases. See Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985).
ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Oldacre v. State, 509 So. 2d 1343 (Fla. 1st DCA 1987)…sed to calculate a defendant’s presumptive guidelines sentence absent proof by a preponderance of evidence that the convictions were counseled or that counsel was validly waived. Smith v. State, 498 So. 2d 1009 (Fla. 2d DCA 1986); Fretwell v. State, 503 So. 2d 1000 (Fla. 4th DCA 1987). We therefore reverse the sentences and remand the case for resentencing. At the resentencing hearing, the state shall be given the opportunity to prove that the prior convictions were counseled or that counsel was knowingly wa…
Authorities Cited
- Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985)