JONES v. STATE

No. 2D98-4532.

750 So.2d 709 (2000)

David B. JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 14, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Acting Chief Judge.

David B. Jones appeals a sentence of 9 years' imprisonment imposed pursuant to an order revoking his probation. Mr. Jones has not challenged the propriety of the revocation of probation, but disputes the sentence imposed thereon. We reverse the sentence because a presumption exists that the sentence, though lawful in its duration, was vindictive due to the trial court's statements. We remand the case for resentencing by a different...

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