Douglas v. State

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was charged with uttering a forgery.

The information charged the crime occurred on August 8, 1994 even though the arrest report said the crime occurred on August 8, 1993. The date is significant because the recommended guidelines sentence is more lenient in 1994 than 1993. The only “evidence” before the trial court regarding the date of commission of the crime was the charging document and the stipulation of the defendant as to a factual basis for the court’s acceptance of the plea. Given that the date of the offense was in 1994, the…