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MOONEY v. STATE

No. 4D11-286.

80 So.3d 1059 (2012)

Michael S. MOONEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 23, 2012.

Attorney(s) appearing for the Case

Richard L. Rosenbaum of Arnstein & Lehr LLP, Fort Lauderdale, for petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

In 1987, petitioner was convicted after jury trial of burglary with a battery, aggravated battery with a deadly weapon, and false imprisonment. Before trial, the State offered petitioner five years in prison.1 At the October 30, 1987 sentencing hearing, the trial court granted the State's motion and imposed an upward departure sentence of life in prison. Although the judge did not...

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