Culver v. State

FRANK, Acting Chief Judge.

The appellant, Randy Culver, challenges his conviction and sentence following a jury trial in which he was found guilty of attempted sexual battery. While we find no merit in the argument attacking his conviction, we do agree that errors occurred in the sentencing process. The record discloses a lengthy discussion at the sentencing hearing as to the ability of the state to corroborate several out-of-state prior convictions. For example, the state conceded that one third degree felony was, in fact, a misdemeanor; the appellant, however, was scored for the third degree…