STATE v. BROOKS

No. 98-2874.

739 So.2d 1223 (1999)

STATE of Florida, Appellant, v. Robert Willis BROOKS, Appellee.

District Court of Appeal of Florida, Fifth District.

August 6, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellee.


HARRIS, J.

The issue in this case is whether the sentencing judge is permitted to mitigate a sentence following a conviction for lewd, lascivious or indecent assault upon a child because the child was the "initiator, willing participant, aggressor or provoker of the incident." The trial judge observed that this ground "is the one the sentencing commission considered for this particular statute and recommended to the legislature, and it is the theory that the...

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