Horne v. State

THREADGILL, EDWARD F., Senior Judge.

Robert K. Horne challenges his two convictions for soliciting his son, who was under the age of eighteen, to engage in sexual acts with Horne’s wife. He also challenges his conviction for committing a lewd and lascivious act in the presence of his son. Finally, he challenges his guide*647lines departure sentence. We reverse in part and affirm in part.

The State charged Horne by second amended information with seven counts, only three of which, counts I, II, and III, were tried together and are at issue in this appeal. Count I charged that during the relevant…