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487 So. 2d 420

487 So.2d 420

11 Fla.L.Weekly 1036

Docket No. 85-1864.

Crigler v. State

Marilyn CRIGLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1986-04-30

Relies on Baldasar v. Illinois · 477 So. 2d 1088 - Pilla v. State · 468 So. 2d 470 - Hayes v. State

Decided 1986-04-30

¶1James Marion Moorman, Public Defender, and James F. Permar, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3LEHAN, Judge.

¶4Defendant 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.

¶5The 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).

¶6Reversed and remanded for proceedings consistent herewith.

¶7DANAHY, A.C.J., and FRANK, J., concur.

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