Lusink v. State

HARRIS, Judge.

Todd Lusink appeals his consecutive county jail sentences totaling more than one year. We agree this was improper and reverse.

In October, 1989, Lusink pled nolo con-tendere to uttering a forged instrument and sentence was deferred until the resolution of an additional pending felony. In July, 1990, Lusink pled nolo contendere to an additional uttering a forged instrument charge. Sentence on both cases was set for September, 1990.

Two scoresheets appear in the record both showing 39 points. One, however, (and apparently the one relied on by the sentencing judge) shows a…