STATE v. DUNNING

No. 98-04931.

742 So.2d 378 (1999)

STATE of Florida, Appellant, v. Rhonda DUNNING, Appellee.

District Court of Appeal of Florida, Second District.

August 20, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.


PER CURIAM.

The State appeals Rhonda Dunning's sentences for lewd and lascivious act in the presence of a child under the age of sixteen and unlawful sexual activity with a minor. It contends that a preponderance of the evidence does not support the reason given by the trial court for departing downward from the sentence range recommended by the guidelines. We agree and reverse.

The reason given by the trial court for departure was "the offense was committed...

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