Griffin v. State

Alphonso Griffin (Griffin) appeals his sentence, arguing that his sentence reflects a scoresheet error. We reverse for resentenc-ing.

Griffin pleaded guilty to two counts of felony petit theft, resisting a merchant, and simple battery, as charged. Griffin committed these crimes on September 1, 1997, in Columbia County. The trial court sentenced Griffin to 26.25 months in prison for the felony petit thefts, and to time served on the misdemeanors, scoring a 1984 conviction as a level 7 offense, over Griffin’s objection.

Griffin’s 1984 conviction for battery on a law enforcement officer while…