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Florida District Courts of Appeal, 2003

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided November 5, 2003 · Goderich, Levy, Schwartz
857 So. 2d 375; 2003 Fla. App. LEXIS 16696; 2003 WL 22493748 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, based on the totality of the circumstances surrounding the imposition of the defendant’s sentence, it cannot rebut the presumption of judicial vindictiveness that arose. Wilson v. State, 845 So.2d 142, 156 (Fla. 2003). Therefore, we reverse the defendant’s sentence and remand for resentencing before a different trial judge. Wilson, 845 So.2d at 159.

Reversed and remanded.

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