Weakland v. State

THREADGILL, Judge.

John Weakland, convicted of sexual battery and false imprisonment, appeals his sentence to state prison for seventeen years to be followed by probation. He argues that a 1972 conviction for attempted rape in Kansas was scored improperly as a second-degree felony rather than as a third-degree felony, and thus put him in a higher category on the sentencing guidelines scoresheet. We agree and reverse.

The state argues that the attempted rape in Kansas was a Class “C” felony, punishable by up to twenty years in prison, and is comparable to a second-degree felony in Florida,…