Cooper v. State

We affirm the defendant’s conviction, but reverse the sentence and remand for resentencing consistent with this opinion.

The defendant argued that the trial court improperly calculated his total score on the sentencing guidelines scoresheet by including 17 points from previous misdemeanor convictions which were allegedly uncounseled. When a defendant alleges that a prior conviction was uncounseled, the state must show that the defendant was represented by counsel or that defendant waived his right to counsel. Harrell v. State, 469 So.2d 169 (Fla. 1st DCA 1985).

In the instant case, the state…