NESBITT, Senior Judge.
After the completion of defendant's trial for sexual battery on a victim under twelve years of age, see § 794.011(2) Fla. Stat. (1999), the jury returned a verdict of guilty as charged. As a capital felony, defendant's sentence was to be life in prison. The Defense filed a Motion to Mitigate Defendant's Sentence, followed by a Motion for New Trial. The defendant argued that the trial court had erroneously denied his earlier motion...
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