Velasquez v. State

W. SHARP, Judge.

Velasquez was convicted of attempting to sexually batter a fourteen-year-old boy.1 He raises various points challenging the merits of his conviction which we find are either without merit or are not sufficient to overcome the harmless error rule.2 However, we do agree with Velasquez that he was improperly sentenced because his crime was scored as a first degree felony. This error imper-missibly increased his score and the applicable sentencing bracket.3 Accordingly, we vacate his sentence and remand for resentenc-ing consistent with this opinion.

The trial court computed…