JONES v. STATE

Nos. 91-612, 92-455.

617 So.2d 743 (1993)

Johnny Jay JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 10, 1993.


Attorney(s) appearing for the Case

Thomas H. Yardley and Maureen M. Matheson of Reinman, Harrell, Graham, Mitchell & Wattwood, P.A., Melbourne, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.


SANDERS, E.P.B., Associate Judge.

The defendant appeals sentences he received for crimes committed in 1982 and 1986.

In the 1982 case, the defendant was sentenced to 12 years probation but appealed because he was unrepresented at the sentencing hearing. The trial court then resentenced the defendant, this time to 15 years probation. On appeal, the defendant contends that, because this sentence exceeded his prior sentence, it is presumptively vindictive pursuant...

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