Polanco v. State

Jose Manuel Polanco appeals from a judgment of conviction and sentence for manslaughter with a firearm. We affirm the conviction, but for the following reason, we vacate the sentence and remand for resen-tencing.

After the court had adjudicated defendant guilty pursuant to the jury’s verdict on July 22, 1996, the trial court ordered a pre-sen-tence investigation. The court conducted a sentencing hearing seven weeks later, on September 6, 1996. At that hearing, the State asked the court to include on the sentencing scoresheet 21 points for legal constraint based upon defendant’s outstanding…