State v. Campbell

1 Mark Campbell appeals a judgment of conviction for first-degree sexual assault of a child and an order denying his motion for resentencing. Campbell argues the circuit court erred by not considering the applicable sentencing guidelines. At a post-conviction hearing, the court stated it had considered the same factors as set forth in the guidelines, although it did not consider the guidelines themselves. It further stated consideration of the guidelines would not have changed the sentence. Based on this, the State argues the courts failure to consider the guidelines was harmless error. We disagree and therefore reverse the order denying Campbells post-conviction motion and remand for resentencing.