Ribas v. State

Mr. Ribas appeals his concurrent sentences of 9 years’ imprisonment for two counts of attempted sexual battery on a child eleven years of age or younger by a person eighteen years of age or older. We reverse the sentences because the trial court improperly scored victim injury.

A jury convicted the defendant of two counts of attempted sexual battery on a child for incidents occurring between October 1987 and January 1988. On November 9, 1988, the trial court imposed concurrent upward departure sentences of 25 years’ imprisonment on each count. This court reversed the sentences on November 6,…