Powanda v. State

CASANUEVA, Judge.

Ronald Lee Powanda appeals his upward departure sentence of thirty years’ incarceration imposed after he admitted violating the terms of his probation. He argues that there was insufficient evidence to support the departure. The State concedes error and recommends reversal. We agree and reverse and remand for resentencing.

Procedural History

For a criminal act which occurred on April 5, 1998, the State charged Mr. Po-wanda with the first-degree felony of sexual conduct with a child twelve years of age or older, but less than eighteen years of age, over whom he was in a position…