Mundhenk v. State

COBB, Judge.

The issue here is whether the trial court erred in imposing an upward departure sentence on the appellant Scott Mundhenk because he “used a position of trust to gain information used in the burglary” of a home where his mother was employed as a housekeeper. A breach of trust is indicated when there is evidence a defendant occupied a position of trust with victims that facilitates the commission of a crime. Semenec v. State, 698 So.2d 900 (Fla. 4th DCA 1997).

There was evidence below that Mun-dhenk had worked with his mother at the victims’ home performing various housekeeping…