District Court of Appeal of Florida April 6, 2001, No. 5D99-3186 (State v. Delaney)

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United States · · · 06-04-2001

PER CURIAM.

AFFIRMED. State v. Rife, 733 So.2d 541 (Fla. 5th DCA 1999). We also grant the State’s request to certify the following question also certified in Rife:

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?

AFFIRMED; QUESTION CERTIFIED.

COBB, PETERSON and SAWAYA, JJ., concur.

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