Mooney v. State

OPINION

MANNHEIMER, Judge.

Frank W. Mooney seeks post-conviction relief from his conviction and sentence for first-degree sexual assault. In this appeal, Mooney asserts that he is entitled to relief on two bases.

First, Mooney contends that he rejected a favorable plea agreement because his attorney mistakenly (and incompetently) told him that he would be treated as a second felony offender for presumptive sentencing purposes, and that he therefore faced a presumptive term of 15 years' imprisonment if he went to trial and was convicted. After Mooney rejected the proposed plea bargain, he was…