WILSON v. STATE

Nos. SC01-2083, SC01-2333.

845 So.2d 142 (2003)

Omar WILSON, Petitioner, v. STATE of Florida, Respondent. State of Florida, Petitioner, v. Dexter Byrd, Respondent.

Supreme Court of Florida.

April 10, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Michael J. Neimand, Division Chief, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, FL; and Belle B. Schumann, Assistant Attorney General, Daytona Beach, FL, for Respondent.

Charles J. Crist, Jr., Attorney General, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, FL, for Petitioner.

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.


PARIENTE, J.

We have for review Byrd v. State, 794 So.2d 671 (Fla. 5th DCA 2001), and Wilson v. State, 792 So.2d 601 (Fla. 4th DCA 2001), which expressly and directly conflict on the issue of whether a presumption of judicial vindictiveness should arise whenever the trial judge participates in an unsuccessful plea discussion and the defendant subsequently receives a harsher sentence...

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