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STATE v. RIFE

No. 98-38.

733 So.2d 541 (1999)

STATE of Florida, Appellant, v. Ronald RIFE, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Granting Motion to Certify Question May 28, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellee.

HARRIS, J.

In order to recede from our holding in State v. Smith, 668 So.2d 639 (Fla. 5th DCA 1996), we have elected to consider this case en banc.

The State appeals the downward departure sentence imposed in this case. We affirm. Rife was convicted of three counts of sexual battery on a minor by a person in custodial authority. Rife admits having sex with the seventeen-year-old victim on numerous occasions...

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