EN BANC
KLEIN, J.
Appellant, after being charged with violating his probation, was offered a prison sentence of two and one-half years if he wished to admit the violation. Appellant rejected the plea offer and, after a hearing on whether he had violated his probation, the trial court found that he had. He now appeals his five year sentence, arguing that there is a presumption of vindictiveness, citing McDonald v. State,
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