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STATE v. KING

No. S-07-458.

750 N.W.2d 674 (2008)

275 Neb. 899

STATE of Nebraska, appellee, v. Donell KING, appellant.

Supreme Court of Nebraska.

June 13, 2008.

Attorney(s) appearing for the Case

James J. Regan for appellant.

Jon Bruning, Attorney General, and George R. Love for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

SUMMARY

In North Carolina v. Pearce,1 the U.S. Supreme Court held that due process imposes a presumption of vindictiveness when, following a defendant's successful appeal, a sentencing judge orders a more severe sentence that is not justified by objective evidence in the record since the original sentencing. Appellant, Donell King, contends that because he had successfully appealed his habitual criminal status...

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