Raffaele Mosca v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RAFFAELE MOSCA, Appellant, v. Case No. 5D15-4174 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 27, 2016 3.850 Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge. Raffaele Mosca, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The trial court summarily denied Appellant’s rule 3.850 motion for postconviction relief. We affirm the summary disposition on claim three regarding vindictive sentencing, but we reverse the summary disposition on claims one and two related to the plea offer. On remand, the trial court shall conduct an evidentiary hearing on claims one and two. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. TORPY, COHEN and BERGER, JJ., concur.

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