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STATE v. RIFE

No. SC95752.

789 So.2d 288 (2001)

STATE of Florida, Petitioner, v. Ronald RIFE, Respondent.

Supreme Court of Florida.

April 12, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, FL, for Petitioner.

James B. Gibson, Public Defender, and Kenneth Witts and Barbara Davis, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

PARIENTE, J.

We have for review the decision in State v. Rife, 733 So.2d 541 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal, in an en banc opinion, certified the following questions to be of great public importance:

ALTHOUGH WILLINGNESS OR CONSENT OF THE MINOR IS NOT A DEFENSE TO SEXUAL BATTERY OF A MINOR, MAY IT BE CONSIDERED BY THE COURT AS A MITIGATING FACTOR IN SENTENCING? SHOULD THE MITIGATION...

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