Beach v. State

We reverse Joseph Beach’s sentence because it was based on sentencing guidelines calculations under Rule 3.701, Florida Rules of Criminal Procedure, that included three misdemeanor convictions that appellant contends were obtained without counsel or a knowing waiver of the right to counsel. We hold that his affidavit was sufficient to place these facts in issue and require the state to bear the burden of showing the contrary. State v. Troehler, 546 So.2d 109 (Fla. 4th DCA 1989); Smith v. State, 498 So.2d 1009 (Fla. 2d DCA 1986). Accordingly, we remand for resen-tencing with leave to give the…