Alling v. State

We affirm Mr. Ailing’s conviction for committing a lewd and lascivious act in the presence of a child under the age of sixteen. We reverse his sentence and remand for resen-tencing within the guidelines.

The trial court departed from the guidelines range of 2 to 3.3 years’ imprisonment and sentenced Mr. Ailing to 15 years’ incarceration. Its written reasons for departure were essentially the psychological trauma to the victim and her age. Had Mr. Ailing’s crime been committed after January 1, 1994, the victim’s age would have been a valid reason for departure under the amended sentencing…