Banaszak v. State
Banaszak v. State
Opinion of the Court
Banaszak challenges his conviction for sexual battery of a child under twelve. He presents several issues for review; however, we find merit only in the issue relating to the improper preparation of his guidelines scoresheet.
The trial court indicated sexual battery as the primary offense on Banaszak’s guidelines scoresheet and treated it as a life felony. The two convictions for lewd and lascivious acts were thus scored as additional offenses. Since that was error under the authority cited above, the case should be remanded for preparation of a new scoresheet and resentencing on the lewd and lascivious convictions.
Accordingly, we remand this case for corrections consistent with this opinion, but affirm Banaszak’s convictions in all other respects.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.