MUNDHENK v. STATE

No. 97-2302.

712 So.2d 816 (1998)

Scott MUNDHENK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, Judge.

The issue here is whether the trial court erred in imposing an upward departure sentence on the appellant Scott Mundhenk because he "used a position of trust to gain information used in the burglary" of a home where his mother was employed as a housekeeper. A breach of trust is indicated when there is evidence a defendant occupied a position of trust with victims that facilitates the commission of a crime. Semenec v. State, 698...

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