HARRIS v. STATE

No. 2D04-569.

903 So.2d 363 (2005)

Fred HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 15, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

Fred Harris appeals his sentences for sale of cocaine and possession of cocaine following a jury trial. He argues that the trial court's imposition of a sentence which was harsher than the court's pretrial plea offer was vindictive. We agree and reverse and remand for resentencing because the State has failed to overcome the presumption of judicial vindictiveness raised by the trial court's involvement in the plea process.

On the day of Harris...

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