State v. Loney

OPINION

BROWN, Judge.

¶ 1 Ben Wesley Loney appeals from his convictions and resulting sentences on two counts of sexual conduct with a minor. For the following reasons, we affirm both convictions and his sentence on Count Three but we vacate and remand for resentencing as to Count Two.

BACKGROUND1

¶ 2 In May 2011, Loney was indicted on one count of aggravated luring of a minor (Count One), a class two felony, and two counts of sexual conduct with a minor, both class six felonies (Counts Two and Three). The State presented the following evidence at trial.

¶ 3 In 2009, Loney, age fifty-one, was…