BUTTS v. STATE

No. 3D03-722.

855 So.2d 266 (2003)

Nadrian BUTTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.


SCHWARTZ, Chief Judge.

This appeal from the denial of a 3.850 motion challenges the imposition of a twenty year habitual offender sentence for a drug offense, notwithstanding the trial judge's pretrial offer of twenty months imprisonment if the defendant pled guilty to this and an additional charge. Under the circumstances, in which an obvious presumption of vindictiveness has not been dissipated in any way, resentencing before another circuit judge is required. ...

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