State v. Esparza

OPINION

HUSPENI, Judge.

This is an appeal by the state from the trial .court’s downward departure of defendant’s sentence, based on defense counsel’s mistaken interpretation of the appropriate guidelines sentence and communication of that misinterpretation to defendant. We vacate the sentence and remand for resentencing.

FACTS

Defendant Douglas Bruce Esparza was convicted of attempted second degree murder and two counts of second degree assault following a jury trial. The presen-tence report recommended that there be no departure from the presumptive guidelines term of 122½ months. (The…