NOWELLS v. STATE

No. 3D02-2537.

840 So.2d 415 (2003)

Theodore Wayne NOWELLS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Douglas J. Glaid, (Fort Lauderdale) Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.


SCHWARTZ, Chief Judge.

This is an appeal from the denial of a 3.850 motion based upon the contention that trial counsel was ineffective by failing to object to an allegedly "vindictive" sentence of life imprisonment with a fifteen-year minimum mandatory as a habitual violent felony offender, which was imposed despite the trial judge's strong indication before trial that the defendant should accept a state plea offer of fifteen years. We reverse for resentencing of...

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