BATTLE v. STATE

Nos. 5D15-2368, 5D15-2370.

198 So.3d 915 (2016)

Richard J. BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 29, 2016.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Lisa A. Haskins and Steven N. Gosney , Assistant Public Defenders, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.


Richard J. Battle seeks reversal of the sentence he received, contending that it was a vindictive sentence imposed after he rejected a previous plea offer and chose to proceed to trial.1 We hold that the State did not overcome the presumption of vindictiveness based on the trial court's initiation of plea...

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