HARDEN v. STATE

No. 94-818.

655 So.2d 187 (1995)

Andrew HARDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 19, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Datyona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Hall, Certified Legal Intern, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Andrew Harden appeals his guidelines sentence, contending that it should be reduced because the trial court erred by assessing legal constraint points on his scoresheet. We quash the sentence and remand for resentencing because Harden was not under "legal constraint" for sentencing guidelines purposes.

Previous to the commission of the instant offenses, Harden was adjudicated guilty of obtaining property by worthless check. The order of disposition...

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