Baker v. State

W. SHARP, Judge.

Baker appeals from his sentence of 15 years in prison after having been convicted of one count of lewd and lascivious act upon a child.1 In imposing the departure sentence2 the trial judge gave three written reasons, which we find are not supported by the record in this case. Thus we vacate the sentence and remand for resentencing pursuant to the guidelines.3

Baker was charged with three criminal offenses: armed burglary of a dwelling,4 oral sexual battery,5 and a lewd and lascivious act on a child. The jury found him not guilty of the first two, and guilty of only the latter…