State of Florida vs K.K.

Stephen Andrew Mosca

Case Conclusion Date:May 25, 2009

Practice Area:Criminal Defense

Outcome:Probation

Description:K.K., a juvenile, was charged with armed robbery after allegedly attempting to rob a convenience store clerk at gunpoint. Quick action convinced the State Attorney to not direct file charges in adult court while case investigated. Investigation revealed there was an alibi witness the police never questioned and another male present when the female co-defendants were arrested that was never charged. The clerk could not make an identification. The only evidence was the co-defendant testimony. Based on the new-found strength of the defense case, the State offered to allow the Defendant to plead guilty to unarmed attempted robbery. After consultation with the client, and being offered the plea or a bench trial on the original charge, the client chose to plea. The court allowed a plea of no contest for convenience. I assembled mitigation and attended the staffing to create a sentencing recommendation. The recommendation was for probation. The State wanted a commitment program. The client was allowed to maintain his innocence and, after an effective sentencing argument, received a withhold of adjudication and probation.

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