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A convicted murderer was sentenced a second time in state court to life in prison with the possibility for parole Friday, 33 years after the first time.
A state jury found Dana Rapozo guilty of murder for the Oct. 9, 1978, shooting death of Gary Borges. A state judge sentenced him in 1980 to life in prison with parole.
The sentence was recently overturned because there is no evidence in the record that his lawyer asked the judge to consider handing down a young-offender sentence, which at the time would have been four years for murder. State law in 1980 allowed judges to consider shorter prison terms for defendants younger than 22 at the time of sentencing. Rapozo was 21.
Rapozo was hoping for a new sentence of 20 years, which would have meant his immediate release.
The mandatory minimum sentence for murder in 1980 was life in prison with the possibility for parole. Rapozo’s lawyer argued that state law in 1980 also classified murder as a Class A felony and that the penalty for a Class A felony is 20 years in prison.
Circuit Judge Michael Wilson said Friday that Rapozo deserves the life sentence.