2009AP1792-CR State v. Byrne

By: dmc-admin//June 7, 2010//

By: dmc-admin//June 7, 2010//

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Sentencing
2d-degree sexual assault of a child; guidelines

Michael T. Byrne appeals a judgment sentencing him for attempted second-degree sexual assault of a child. He also appeals an order denying his postconviction motion for resentencing alleging he was sentenced on erroneous information. Because we conclude the trial court inappropriately used the sentencing guidelines for the completed crime of second-degree sexual assault of a child, we reverse the judgment and order and remand the matter for resentencing.

This opinion will not be published.

2009AP1792-CR State v. Byrne

Dist III, Ashland County, Harrington, J., Per Curiam

Attorneys: For Appellant: Hintze, Donna L., Madison; For Respondent: Whelan, Maura F.J., Madison; Duffy, Sean P., Ashland

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