LeFresne v. State

HALL, Judge.

James LeFresne appeals his judgment and sentence for sexual battery. We only find merit in his argument regarding his sentence.

The appellant’s guidelines scoresheet placed the appellant in the recommended sentencing range of nine to twelve years’ imprisonment. The trial judge sentenced the appellant to twenty years’ imprisonment. He provided the following written reasons in support of the departure:

1. That the victim in the matter was an eighty-seven (87) year old female who lived alone and was unusually vulnerable to such type of attack [citations omitted].

2. That the victim was…