Kakuk v. State

Gustav Kakuk appeals the sentence imposed after a violation of probation. We reverse.

The record shows that after Kakuk was originally sentenced in 1991, he moved for correction of the sentence. In 1993, the court corrected the scoresheet and resen-tenced Kakuk. Kakuk subsequently violated the terms of his probation. Thereafter, at Kakuk’s 1997 sentencing, defense counsel stated that he thought the original scoresheet had been corrected pursuant to court order. The court could not find any such order, and accepted the original scoresheet as accurate. The state concedes that the argument made…