Moseley v. State

Banke, Chief Judge.

Moseley appeals his conviction of child molestation. Held:

1. Appellant contends that the court, in imposing sentence, improperly considered his denial of guilt as an aggravating circumstance. However, the sentence imposed was considerably less severe than the maximum sentence which had been recommended by the state, and the court’s brief inquiry into whether appellant still denied his guilt was not pursued after defense counsel suggested that such inquiry might jeopardize appellant’s right to appeal.

“Although we will not presume error in sentencing [cit.], we require some…