ADRIAN BARRY KOLTUN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1987-03-18
No. 4-86-0549
ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
503 So. 2d 1000 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

[*1001] PER CURIAM.

We affirm appellant’s conviction but reverse his sentence with directions that he be sentenced within the guidelines range. See State v. Mischler, 488 So. 2d 523 (Fla.1986).

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.


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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…

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