HARRIS v. STATE

No. 2D02-823.

845 So.2d 329 (2003)

Dusty Dale HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee.


COVINGTON, Judge.

Dusty Dale Harris is appealing his convictions for burglary and grand theft. He argues that his sentences were presumptively vindictive and that the record does not refute this presumption. We agree; therefore, we reverse and remand for resentencing.

Harris was charged with burglary of a dwelling and grand theft. Prior to trial, he was offered a plea package that would have resolved these charges, as well as two violations of probation cases...

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