Harris v. State

This is another sentencing departure case.

The defendant was adjudicated guilty of a lewd assault upon a child1 and attempted lewd assault upon a child2 and the trial court imposed a departure sentence. However, the reasons given for departure have either been held insufficient or are not supported by the record.

The age of the victim is an inherent component of the crime of lewd assault on a child. See Graham v. State, 557 So.2d 669 (Fla. 5th DCA 1990); Rozar v. State, 500 So.2d 659 (Fla. 5th DCA 1986); Dowling v. State, 495 So.2d 874 (Fla. 5th DCA 1986).

Abuse of a position of trust does not…