WILSON v. STATE

No. 3D06-1028.

951 So.2d 1039 (2007)

James WILSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 28, 2007.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Miami, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, Orlando, and Richard L. Polin, Assistant Attorney General, Miami, and David R. Ruffner, Certified Legal Intern, for appellee.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.


CORTIÑAS, Judge.

The defendant, James Wilson ("Wilson"), appeals on the ground that he was subjected to vindictive sentencing when the trial court imposed a ninety year sentence for a probation violation after he was offered, and indicated his acceptance of, a guilty plea which would have resulted in sixty-seven months incarceration. We agree.

"Judicial participation in plea negotiations followed by a harsher sentence is one of the circumstances that...

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