CAPRE v. STATE

No. 5D00-502.

773 So.2d 92 (2000)

Matthew Donald CAPRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 19, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Capre asserts he received an improper vindictive sentence1 of 42 months because he elected to go to trial rather than accept the state's pre-trial offer of a non-state prison sentence of 51 weeks in the county jail. He did not raise this issue below, nor did he avail himself of the remedy by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

Capre's trial took place in February of 2000, after the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases