Rochester v. State

Kemar Rochester appeals his judgment and sentence for lewd or lascivious molestation of a child less than twelve years of age, in violation of section 800.04(5)(b), Florida Statutes (2007). Rochester argues that the trial court erred in concluding that it could not downward depart from the mandatory minimum sentence of twenty-five years in prison followed by a term of probation for life for a violation of section 800.04(5)(b). We affirm.

The details of Rochester’s crime are irrelevant to our resolution of the issue in this case. Following Rochester’s conviction, he filed a motion for a…