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HORNBUCKLE v. STATE

No. 5D03-74.

864 So.2d 1203 (2004)

Jeffrey HORNBUCKLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 16, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

MONACO, J.

We once again consider the issue of vindictive sentencing. In this case Jeffrey Hornbuckle appeals the denial of his rule 3.850 motion alleging ineffective assistance of counsel. He asserts that because his attorney did not challenge a 36-month sentence on the ground that it was vindictive, his counsel failed to render the minimum level of effective assistance. Mr. Hornbuckle misapprehends the nature of vindictive sentencing.

Mr. Hornbuckle was...

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