Hayes v. State

RYDER, Acting Chief Judge.

Kenneth Hayes contends that he was illegally sentenced because his sentence in Case No. 93-14171 for attempted robbery exceeds the statutory maximum and that the absence of a guidelines scoresheet filed in the appellate record for either Case No. 93-14171 or 93-15570 raises a question whether the judge properly sentenced him without first computing the presumptive sentence. The state concedes that the case should be remanded for resentencing with a proper guidelines scoresheet. We, therefore, reverse and remand for resentencing.

The appellant was originally sentenced…