State v. Lindsay

The State of Florida appeals the downward departure sentence imposed on *723David Melbourne Lindsay after he pleaded guilty to one count of lewd and lascivious molestation of a minor child. Because the trial court’s grounds for the departure sentence were either legally insufficient or factually unsupported, we reverse.

Lindsay worked as a counselor in a youth and family services program when he first met the victim, who was a child assigned to the program. Lindsay became the victim’s counselor and, after counseling sessions and the victim’s involvement in the program ended, Lindsay remained…