JOHNSON v. STATE

No. 95-1634.

679 So.2d 831 (1996)

Wayne JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 4, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

Appellant seeks review of his sentence, imposed following a jury trial which resulted in a conviction for battery on a law enforcement officer. He asserts that he is entitled to have his sentence vacated, and to be resentenced by another judge, because the "sentence was imposed, to some degree, to punish him for having exercised his right to a jury trial."

The transcript of appellant's sentencing reflects the following exchange before the trial...

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