MULLALY v. STATE

No. 1D17-4815.

262 So.3d 858 (2018)

Robert MULLALY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2018.


Attorney(s) appearing for the Case

Andy Thomas , Public Defender, and Jasmine Russell , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Kaitlin Weiss , Assistant Attorney General, Tallahassee, for Appellee.


Robert Mullaly appeals his life sentence. We reverse and remand for resentencing because, in sentencing Mr. Mullaly, the trial judge relied on a 1993 assault charge, which was dropped.

Mr. Mullaly was found guilty of rape in 1973 and was required to be treated with sexual psychotherapy as a prerequisite to his sentencing. See Slappey...

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