Opinion
No. 5D99-3186.
Opinion filed April 6, 2001.
Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellant.
James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee.
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.