Rochester v. State

Petitioner was convicted of lewd or lascivious molestation of a child under the age of twelve in violation of Fla. Stat. 800.04(5)(b). Petitioner sought a downward departure sentence, but the trial court concluded it had no discretion to impose a downward departure sentence because Fla. Stat. 775.082(3)(a)(4) imposed a mandatory minimum sentence of twenty-five years’ imprisonment for violations of section 800.04(5)(b). The district court affirmed the trial court’s imposition of a twenty-five year sentence, concluding that the legislature intended to impose a mandatory minimum sentence in section 775.082(3)(a)(4). The Supreme Court affirmed, holding that, under the plain meaning of the statutory language, the trial court does not have the discretion to impose a sentence below the twenty-five year minimum set forth in section 775.082(3)(a)(4). View "Rochester v. State" on Justia Law