State v. Wallner

OPINION

LANSING, Judge.

Defendant appeals the 65-month executed sentence imposed after a plea of guilty to the unlawful sale of a Schedule II controlled substance. In computing defendant’s criminal history score, the trial court included five felony convictions that were in the process of appeal. Defendant challenged these inclusions and moved the trial court for either a delay in sentencing or a downward departure from the sentencing guidelines. The trial court denied both motions. We affirm.

On September 23, 1981, Sandra Wallner sold approximately six grams of phencycli-dine (PCP) to an…