The court appropriately exercised its discretion in adjudicating defendant a level two offender and in determining that a downward departure from the presumptive risk level was not warranted. The People demonstrated by clear and convincing evidence that defendant, a 35-year-old man at the time of the crime, lured a special education child into a store, where he then proceeded to sodomize and rape her as she pleaded with him to stop. Defendant does not dispute that the Board...
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