FRETWELL v. STATE, 503 So.2d 1000 (Fla.App. 4 Dist. 1987)

No. 85-2350.District Court of Appeal of Florida, Fourth District.
March 18, 1987.

Appeal from the Circuit Court for Indian River County, L.B. Vocelle, J.

Charles A. Sullivan, Sr., of Sullivan, Sullivan, LaJoie, Thacker Berry, Vero Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

Page 1001

PER CURIAM.

We affirm appellant’s conviction but vacate his sentence and remand for a new sentencing hearing. We believe the trial court erred in assessing points against appellant with reference to his prior failure to appear for a hearing in traffic court, and also for assessing points for previous uncounseled convictions without determining whether counsel had been properly waived in those cases. See Pilla v. State, 477 So.2d 1088 (Fla. 4th DCA 1985).

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.