Horn v. State

WHATLEY, Judge.

Robert Wayne Horn was convicted of sexual battery on a child under twelve and committing a lewd act on a child. His attorney filed his brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We have reviewed the record and have found sentencing errors.

The sentencing guidelines scoresheet correctly lists the sexual battery on a child under twelve offense as a level nine offense. However, it incorrectly scores the offense at 116 points, instead of 91 points. The corrected scoresheet’s recommended range is 98.7 to 164.5 months in prison. Horn…