State v. Koons

¶ 1. Defendant was convicted of one count of sexual assault on a minor and one count of lewd or lascivious conduct with a child. He challenges his aggregate sentence of six to twenty-five years to serve on the grounds that: (1) it is grossly disproportionate to the crimes; and (2) the sentencing court improperly relied on conduct underlying a prior acquittal without providing notice and an opportunity to respond. We agree with the second claim, and therefore vacate the sentence and remand for resentencing.

¶ 2. This case arose out of a sexual relationship that began when defendant was nineteen…