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BAXTER v. STATE

No. 1D11-5703.

127 So.3d 726 (2013)

Alicia Faye BAXTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 26, 2013.

Attorney(s) appearing for the Case

Clifford L. Davis , Michael Ufferman , Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General; Meredith Clark Hinshelwood , Assistant Attorney General, Tallahassee, for Appellee.

MAKAR, J.

Alicia F. Baxter claims that the imposition of a twenty-year state prison sentence, which followed her rejection of the trial court's offer of eleven months and twenty-nine days in county jail, meets the standard for what is known as "judicial vindictiveness." In addition, she claims the trial court erred by refusing to allow her to accept the initial offer after she rejected it. For the reasons that follow, we vacate her sentence and remand for resentencing...

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