Kemar Rochester, Petitioner v. State of Florida, Respondent

Summary

The Florida Supreme Court affirmed the Fourth District Court of Appeal’s holding that section 775.082(3)(a)4 of the Florida Statutes imposes a mandatory minimum sentence of twenty‑five years’ imprisonment for an adult convicted of lewd or lascivious molestation of a child under twelve. The Court reached this conclusion by applying a plain‑meaning analysis of the statutory language and rejected the contrary view of the Second District in Montgomery. Justice Pariente dissented, arguing that the statute does not preclude a downward departure or the application of gain time.