State v. Walden

John Evan Walden appeals his convictions for one count of second degree rape and one count of attempted second degree rape, asserting that (1) prosecutorial misconduct denied him a fair trial, and (2) the trial court erroneously determined that the conduct comprising the charges in counts 1 and 2 did not constitute the same criminal conduct for purposes of calculating his offender score. Finding that any prosecutorial impropriety was harmless but that the trial court erroneously calculated the offender score, we affirm the conviction and remand for resentencing.

I

Thirteen-year-old D.K. was…