Fretwell v. State

David Fretwell (“Fretwell”) was convicted by a jury of lewd and lascivious molestation of a person under twelve by a person over eighteen. He was sentenced to fifteen years of imprisonment to be followed by fifteen years of sex offender probation. Fretwell does not challenge his conviction, but appeals his sentence because it was based on a scoresheet he believes erroneously included forty points for sexual contact.

The eleven-year-old victim was browsing in the CD department of a K-Mart store when Fretwell approached her and brushed against her clothed buttocks. The victim moved away from…