STATE v. KASTEN

No. 3D00-1680.

775 So.2d 992 (2000)

The STATE of Florida, Appellant, v. Mikeal KASTEN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 14, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellant.

Cunningham, Miller, Heffernan & Wolfe and James F. Nolan and Richard A. Malafy, for appellee.

Before COPE and SHEVIN, JJ., and NESBITT, Senior Judge.


NESBITT, Senior Judge.

Defendant Mikeal Kasten pled guilty to two counts of sexual battery, two counts of lewd and lascivious acts on a child under the age of sixteen, and solicitation of a sex act by a person of familial authority. The victim was Kasten's daughter. Kasten sought a downward departure of his sentence, in support of which, the victim came into court and pleaded to the trial judge that he not send her father to prison. The judge stated that but for the...

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