Butts v. State

District Court of Appeal of Florida

Butts v. State

855 So. 2d 266, 2003 Fla. App. LEXIS 14800, 2003 WL 22239254

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 2003

DocketNo. 3D03-722

StatusPublished

Cited by2 cases

This text of 855 So. 2d 266 (Butts v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Butts v. State, 855 So. 2d 266, 2003 Fla. App. LEXIS 14800, 2003 WL 22239254 (Fla. Ct. App. 2003).

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Opinion

SCHWARTZ, Chief Judge.

This appeal from the denial of a 3.850 motion challenges the imposition of a twenty year habitual offender sentence for a drug offense, notwithstanding the trial judge’s pretrial offer of twenty months imprisonment if the defendant pled guilty to this and an additional charge. Under the circumstances, in which an obvious presumption of vindictiveness has not been dissipated in any way, resentencing before another circuit judge is required. Wilson v. State, 845 So.2d 142 (Fla.2003); Blanco v. State, 849 So.2d 381 (Fla. 3d DCA 2003); Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003); Nowells v. State, 840 So.2d 415 (Fla. 3d DCA 2003). Compare Snow v. Crosby, 851 So.2d 222 (Fla. 3d DCA 2003).

Sentence vacated, remanded for resen-tencing.

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SCHWARTZ, Chief Judge.

This appeal from the denial of a 3.850 motion challenges the imposition of a twenty year habitual offender sentence for a drug offense, notwithstanding the trial judge’s pretrial offer of twenty months imprisonment if the defendant pled guilty to this and an additional charge. Under the circumstances, in which an obvious presumption of vindictiveness has not been dissipated in any way, resentencing before another circuit judge is required. Wilson v. State, 845 So.2d 142 (Fla.2003); Blanco v. State, 849 So.2d 381 (Fla. 3d DCA 2003); Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003); Nowells v. State, 840 So.2d 415 (Fla. 3d DCA 2003). Compare Snow v. Crosby, 851 So.2d 222 (Fla. 3d DCA 2003).

Sentence vacated, remanded for resen-tencing.

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855 So. 2d 266, 2003 Fla. App. LEXIS 14800, 2003 WL 22239254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-state-fladistctapp-2003.

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