STATE v. RAHAL

No. 2D09-1786.

33 So.3d 145 (2010)

STATE of Florida, Appellant, v. Michael RAHAL, Appellee.

District Court of Appeal of Florida, Second District.

May 7, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

Sharon Morgan Vollrath, Tampa, for Appellee.


LaROSE, Judge.

The State appeals Michael Rahal's downward departure sentence after the trial court granted his motion to mitigate his 34.5-month prison sentence for perjury and reduced his sentence to five years' probation. See Fla. R.Crim. P. 3.800(c). The State raises several issues, none of which we need to address because Mr. Rahal's counsel concedes ineffective assistance of counsel in the sentencing process. Based on the record before us, we reverse and...

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