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JONES v. STATE

No. 3D02-3335.

857 So.2d 375 (2003)

Leon Andrew JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, Melissa Vaughan Rubin and Consuelo Maingot, Assistant Attorneys General, for appellee.

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

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, based on the totality of the circumstances surrounding the imposition of the defendant's sentence, it cannot rebut the presumption of judicial vindictiveness that arose. Wilson v. State, 845 So.2d 142, 156 (Fla.2003). Therefore, we reverse the defendant's sentence and remand for resentencing before a different trial judge. Wilson, 845...

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