Blair v. State

The issue presented in this appeal is whether the trial court erred in assessing points for “penetration” in calculating appellant’s sentencing guideline scoresheet, after revoking probation! In this case appellant pled to charges that alleged, in the alternative, elements of union or penetration, and the nature of the charges did not require proof of penetration. We find the inclusion of points for penetration' in this ease was improper, and we reverse and remand to the trial court for further proceedings. Those further proceedings may also include a determination as to whether laches…