Powell v. State

WIGGINTON, Judge.

Powell was charged in a two-count information with sexual battery upon a person over the age of eleven years by threatening to use force or violence,1 and with the kidnapping of a child under the age of thirteen.2 By agreement with the State, he entered a plea of guilty to lewd and lascivious conduct in the presence of a minor,3 and to interference with the custody of a minor.4 He now appeals, arguing the trial court erred in departing from the recommended sentence and in the extent of the departure. We reverse.

In sentencing Powell to a term of seven years’ imprisonment on…