DAVIS v. STATE

No. 4D17-3955.

268 So.3d 147 (2019)

Alphonso DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 16, 2019.


Attorney(s) appearing for the Case

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

Ashley B. Moody , Attorney General, Tallahassee, and Georgina Jimenez-Orosa , Senior Assistant Attorney General, West Palm Beach, for appellee.


After we remanded appellant's case for a de novo resentencing hearing, he appealed his new sentence of 30 years as being vindictive because it was longer than the sentence imposed by the original judge. Since appellant has failed to establish actual vindictiveness on the part of the new sentencing judge...

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