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PIERRE v. STATE

No. 4D11-1366.

114 So.3d 319 (2013)

Luckner PIERRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 21, 2013.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Karen E. Ehrlich , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jeanine M. Germanowicz , Assistant Attorney General, West Palm Beach, for appellee.

CIKLIN, J.

In this opinion, we discuss the law surrounding the concept known as "vindictive sentencing."1 The state charged Luckner Pierre with two counts of sexual battery on a person twelve or older but less than eighteen by a person in a position of familial or custodial authority,2 and offered him seventeen years imprisonment in exchange for a guilty plea. Pierre ultimately rejected the offer, exercised...

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