Housen v. State

We affirm appellant’s conviction, but reverse his sentence and remand for resentenc-ing.

Appellant’s offense date was April 13, 1988. His sentencing guidelines scoresheet indicated a recommended sentencing range of twelve to seventeen years. The trial court, however, erroneously relied upon that portion of the scoresheet which reflected a “permitted range” of seven to twenty-two years and sentenced appellant to twenty year’s incarceration and two years probation.

The “permitted range” concept does not apply to offenses committed prior to its effective date of July 1, 1988. Sequoia v. State, 624…