KINMAN v. STATE

No. 88-2140.

550 So.2d 1190 (1989)

Allen Lloyd KINMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 2, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Kinman appeals from his sentences imposed after pleading nolo contendere to two counts of forgery.1 He asserts that the trial court erred in assessing six points for legal constraint on his scoresheet because the state failed to adduce any proof that there was a warrant issued for his arrest at the time the forgery offenses were committed. We agree and quash the sentence.

The trial court sentenced Kinman to two terms...

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