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HALLMON v. STATE

No. 4D02-2281.

876 So.2d 662 (2004)

Albert HALLMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

The sole issue on appeal is whether Hallmon's sentence of life in prison is a vindictive sentence, where the same judge, pre-trial, offered him a sentence of nine years in prison. We affirm.

In a previous appeal, Hallmon v. State, 805 So.2d 60 (Fla. 4th DCA 2002), we affirmed Hallmon's conviction of robbery with a firearm but remanded for re-sentencing because the state failed to adequately prove that he...

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