CASANUEVA, Judge.
The State has appealed a downward departure sentence imposed on Anthony Bernard for the offense of lewd and lascivious act on a child under 16, contending that the reasons for mitigation were not proven by a preponderance of the evidence. We agree and reverse and remand for resentencing.
The victim in this case, aged 12 at the time of the offense, was the sister of Mr. Bernard's wife. At the sentencing hearing Mr. Bernard's attorney stated...
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