Lowe v. State

ORFINGER, Judge.

Defendant appeals the sentence imposed after conviction for D.W.I. Manslaughter. Because the guidelines scoresheet was improperly calculated, we must vacate the sentence and remand for resentencing.

Defendant contends resentencing is required for two reasons: (1) because the scoresheet incorrectly included 21 points for legal status at time of offense and (2) because he challenged 24 of 25 prior misdemeanor convictions as being uncounseled and the State failed to show otherwise.

The inclusion of 21 points for legal constraint is unsupported in the record. Defendant had a June…