Harden v. State

PETERSON, Judge.

Andrew Harden appeals his guidelines sentence, contending that it should be reduced because the trial court erred by assessing legal constraint points on his scoresheet. We quash the sentence and remand for resen-tencing because Harden was not under “legal constraint” for sentencing guidelines purposes.

Previous to the commission of the instant offenses, Harden was adjudicated guilty of obtaining property by worthless check. The order of disposition on that earlier offense required him to pay restitution and costs within 60 days. Although Harden was required to pay restitution,…