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CONFESSORE v. STATE

No. 5D08-1572.

16 So.3d 865 (2009)

Seth Andrew CONFESSORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 4, 2009.

Attorney(s) appearing for the Case

Robert Augustus Harper, and Robert Augustus Harper, III, of Harper & Harper Law Firm, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, W., Senior Judge.

Seth Andrew Confessore appeals the denial of his rule 3.850 motion following an evidentiary hearing. We reverse and remand for resentencing before a different judge on Defendant's claim of vindictive sentencing. We affirm the denial of his other claims.1 Defendant was convicted following trial and sentenced for trafficking in ecstasy to twenty-years in prison, with a fifteen-year minimum mandatory sentence, concurrent...

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