Smith v. State

DANIEL, Chief Judge.

The defendant appeals from the entry of two separate judgments and one sentence arising from a DUI incident occurring on February 22, 1987. He and the state agree that the latter judgment and sentence must be declared a nullity and set aside as violating the constitutional prohibition against double jeopardy.1 Defendant also contends that the cause should be remanded for sentencing pursuant to the first judgment entered in accordance with the terms of his plea tendered on September 26, 1988. The state responds that an incorrect sentencing scoresheet was utilized when the…