An individual who allegedly commits a first-degree robbery, which has a penalty of 20 years in prison, and who qualifies as a persistent dangerous felony offender, can be sentenced to 40 years in prison. On April 16, 2004, the petitioner, Sharief Nasheed, allegedly used his gun to strike the owner of a small store on his head. The store owner gave the petitioner two bags of cash and checks. A jury convicted the petitioner of first-degree robbery, 2nd-degree larceny and third-degree assault. Judge Stuart Schimelman sentenced the petitioner to the maximum of 40 years, pursuant to a sentencing enhancement for persistent dangerous felony offenders. The petitioner's attorney, Bruce McIntyre, requested a sentence reduction to 30 years in prison. The state's attorney, David Smith, objected that the petitioner has an extensive, prior record of committing violent crimes. The Sentence Review Division found that the sentence was not inappropriate or disproportionate. "This was a violent robbery," wrote the Sentence Review Division, "committed by the petitioner who has a violent criminal record."

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