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OUSLEY v. STATE

No. 89-1289.

560 So.2d 422 (1990)

John R. OUSLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 9, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David D. McLauchlin, Asst. Atty. Gen., West Palm Beach, for appellee.

GUNTHER, Judge.

We agree with the appellant's contention that an uncounseled misdemeanor conviction for driving without a license was improperly included in the guideline scoresheet. State v. Troehler, 546 So.2d 109 (Fla. 4th DCA 1989), requires that "where a defendant raises the issue of an uncounseled conviction, the state must show ... that the defendant was represented by counsel or that counsel was available but was...

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