Cruz v. State

Porfirio Cruz appeals his convictions and sentence for sexual battery and stalking (misdemeanor). We are unpersuaded by the arguments directed to the convictions, and therefore affirm. We reverse and remand, however, as to the trial court’s departure from the guidelines in sentencing appellant.

The victim of appellant’s offense was his estranged wife. The parties’ two-year-old son was in the residence at the time the rape occurred, but there is no evidence he was in the same room when the actual offense, took place. The trial court gave two reasons for departing from the sentencing guidelines:…