State v. Loney

SUPPLEMENTAL OPINION

BROWN, Judge.

¶ 1 This court previously issued an opinion affirming Ben Wesley Toney’s convictions for two counts of sexual conduct with a minor (Counts Two and Three of the indictment). State v. Loney, 230 Ariz. 542, 543, ¶ 1, 287 P.3d 836, 837 (App.2012). We also affirmed Toney’s sentence on Count Three, but determined his sentence on Count Two was based on an erroneous interpretation of Arizona Revised Statutes section 13-703(A) (2012). Id. at 547, ¶ 22, 287 P.3d at 841. We concluded the error constituted fundamental, prejudicial error and therefore remanded for…