Massalene v. State

NIMMONS, Judge.

Appellant appeals from his conviction and sentence for trafficking in cocaine. We affirm the conviction but reverse the sentence and remand for a new sentencing hearing.

At the sentencing hearing, counsel for the defendant challenged a July 1978 grand larceny conviction which appeared on the presentence investigation report and was scored as a prior conviction on the sentencing guidelines, scoresheet. The scoring of such offense placed the defendant in a higher sentence range (cell) in the score-sheet. Counsel informed the court that the defendant claimed that he had never been…