Bush v. State

HERSEY, Chief Judge.

Michael Bush appeals the lower court’s final judgment adjudicating him guilty of one count of attempted first-degree murder, one count of kidnapping, three counts of sexual battery and one count of robbery. He also challenges his sentence, which constituted an upward departure from the guidelines, and the imposition of costs. We affirm the convictions but reverse the sentence, strike the imposition of costs, and remand for resentencing.

At trial, the victim testified that on October 20, 1986, at about 9:45 a.m., she was driving north on U.S. 1 when her car had a flat tire.…