State v. Henderson

STROUD, Judge.

Defendant was convicted by a jury of rape, burglary, kidnapping, and sexual offense. Defendant appeals, arguing that the trial court erred in sentencing him as a level IV offender. For the following reasons, we remand for resentencing.

I. Background

The State’s evidence tended to show that in September of 1999, Lisa returned home from a weekend away and noticed that “[her] lamp wouldn’t turn on, and [her] apartment was wet, and [her] bed was kind of shifted[.]” Lisa discovered that her lamp was unplugged. Lisa put her sheets into the washing machine. Lisa then lay on her couch and…