Opinion
NO. 2018-KA-0578
12-12-2018
LOBRANO, J., CONCURS IN THE RESULT AND ASSIGNS REASONS.
I respectfully concur with the majority that sufficient evidence exists to support Defendant's conviction for sexual battery and would affirm the conviction. I also concur with the decision to remand the case for resentencing. While I do not find that the district court relied on any impermissible sentencing considerations, out of an abundance of caution and in light of the severity of the crime and sentence, remand is appropriate in this case.