DOMINGUEZ v. STATE

No. 3D04-2514.

924 So.2d 58 (2006)

Ricardo DOMINGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 28, 2006.


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 Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, C.J., and GERSTEN and SUAREZ, JJ.


COPE, C.J.

Ricardo Dominguez appeals an order resentencing him after his previous sentence was found to be vindictive. We remand for a new sentencing proceeding.

After his conviction of aggravated assault on a police officer, defendant-appellant Dominguez appealed to this court. The defendant had been sentenced to seventeen years incarceration as a habitual felony offender ("HFO"), followed by five years of probation ("the seventeen-year split sentence")....

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