Ready v. State

The appellant, Daniel P. Ready, challenges the upward departure sentence for his conviction of handling and fondling a child under sixteen years of age. We reverse.

Appellant was convicted of sexual battery of a child under twelve years of age. He appealed and this court reversed the judgment and vacated the sentence in Ready v. State, 636 So.2d 67 (Fla. 2d DCA 1994). This court directed the trial court to enter a judgment against appellant for the lesser included offense of handling and fondling a child. On remand, the trial court entered a judgment for that offense and imposed an upward…