Rozar v. State

UPCHURCH, Chief Judge.

Jerry Rozar appeals a judgment and sentence for three counts of lewd and lascivious assault on a child under the age of sixteen. Rozar’s recommended guideline sentence was two and one-half to three and one-half years imprisonment. The trial judge departed from the guidelines, stating as his reasons the tender years of the victim and the fact that the state attorney did not charge the highest crime possible.

Rozar was convicted of three counts of violating section 800.04, Florida Statutes (1985), which prohibits a lewd or lascivious assault on any child under the age of…