Lane v. State

Ricky Lane appeals the sentence he received after he pled guilty to violations of probation. We reverse his sentence.

In 1989 in two cases, the appellant pled guilty to the lesser second degree felonies of lewd assault upon a child. He received three years in prison to be followed by seven years’ probation. Upon revocation of his probation, he pled guilty with the understanding he could receive up to nine years in prison under the guidelines. The appellant received two concurrent eight-year prison terms.

His score included forty points for victim injury, which may be violative of Karchesky v.…