BEACH v. STATE

No. 89-1484.

564 So.2d 614 (1990)

Joseph BEACH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 31, 1990.


Attorney(s) appearing for the Case

William H. Webster of William H. Webster, P.A., Crawfordville, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

We reverse Joseph Beach's sentence because it was based on sentencing guidelines calculations under Rule 3.701, Florida Rules of Criminal Procedure, that included three misdemeanor convictions that appellant contends were obtained without counsel or a knowing waiver of the right to counsel. We hold that his affidavit was sufficient to place these facts in issue and require the state to bear the burden of showing the contrary. State v. Troehler,...

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