Ash v. State

FULMER, Judge.

Denzil Ash appeals the sentence imposed upon remand from this court, arguing that the sentence exceeded the maximum sentence allowed under the 1987 guidelines. We agree, and the State properly concedes error. Accordingly, we reverse and remand for resentencing.

Ash was originally charged with count one — sexual battery on a child less than twelve years of age, and count two — lewd and lascivious behavior involving a child under sixteen years of age. Both of these offenses took place between August 21, 1987, and September 1,1987. Ash entered a negotiated plea to attempted sexual…