Rodriguez v. State

PARKER, Judge.

Raul Rodriguez appeals a judgment wherein he was adjudicated guilty of one count of battery and two counts of lewd *709assault in the presence of a child under the age of sixteen years and the resulting sentences. We affirm the convictions but remand for resentencing.

Rodriguez raises two issues on appeal; however, we find merit in the sentencing issue only and decline to discuss the other issue. Although the recommended guidelines sentence was three and one-half to four and one-half years’ imprisonment, the trial court departed upward and sentenced Rodriguez to fifteen years. The…