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509 So. 2d 1343

509 So.2d 1343

12 Fla.L.Weekly 1751

Docket No. BO-68.

Oldacre v. State

Delores OLDACRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 21, 1987.

District Court of Appeal of Florida · decided 1987-07-21

Key passage — most relied on by later courts

“Allegedly uncounseled convictions may not be used 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.”

quoted by 1 later decision, including 971 So. 2d 1033 - Abrams v. State

Relies on 498 So. 2d 1009 - Smith v. State · 503 So. 2d 1000 - Fretwell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-07-21

How this case has been cited

Cited by 4 later decisions — most recently January 2008

4 state decisions

20198719902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

¶3SMITH, Chief Judge.

¶4Appellant appeals her sentences for grand theft and food stamp fraud. She pled guilty to four counts of grand theft and admitted violating her probation. The trial court adjudicated her guilty as pled, revoked her probation, and sentenced her within the guidelines.

¶5The guidelines scoresheet indicated a total score of 154 points, 130 points of which *1344 were due to prior convictions. Appellant, albeit inartfully, requested the trial court to delete 97 points from her scoresheet total for allegedly uncounseled convictions. At the hearing, there was no record response to appellant's written and verbal objection. Appellant also filed a motion to correct sentence on this same issue which the trial court denied.

¶6Allegedly uncounseled convictions may not be used 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).

¶7We 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 waived.

¶8REVERSED.

¶9ERVIN and BOOTH, JJ., concur.

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