State v. Loewen

Defendant appeals his conviction and sentence for attempted sexual abuse in the first degree. We remand for resentencing and otherwise affirm.

The indictment charged that “on or between January 1, 1985 and December 31, 1993,” defendant committed first degree sexual abuse by touching the breasts of a named girl who was under the age of 12. Before trial, defendant demurred to the indictment on the ground that it charged more than one offense, because the first degree sexual abuse statute had undergone significant changes between 1985 and 1993. In response, the state elected December 10, 1991, as…