Jones v. State

857 So. 2d 375, 2003 Fla. App. LEXIS 16696, 2003 WL 22493748
Procedural entryThis page is a short order in Jones v. State. Read the opinion of the Court — 780 So. 2d 218
District Court of Appeal of Florida·Decided November 5, 2003·No. No. 3D02-3335·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, based on the totality of the circumstances surrounding the imposition of the defendant’s sentence, it cannot rebut the presumption of judicial vindictiveness that arose. Wilson v. State, 845 So.2d 142, 156 (Fla.2003). Therefore, we reverse the defendant’s sentence and remand for resentencing before a different trial judge. Wilson, 845 So.2d at 159.

Reversed and remanded.

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Jones v. State, 857 So. 2d 375, 2003 Fla. App. LEXIS 16696, 2003 WL 22493748 (Fla. Ct. App. 2003).

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Related

Wilson v. State
845 So. 2d 142 (Supreme Court of Florida, 2003)