Angle v. State

JOANOS, Chief Judge.

Appellant, Larry Clifford Angle, appeals his sentence in excess of the recommended guidelines sentencing range, imposed upon his pleas of nolo contendere in two cases charging lewd and lascivious assault upon a child under sixteen years of age. Appellant contends neither of the reasons provided by the trial court constitute valid reasons for departure. We agree, and reverse and remand for resentencing.

In circuit court case number 89-513, appellant was charged with two counts of lewd and lascivious assault upon two children under the age of sixteen, in violation of section…