CORREA v. STATE

No. 2D03-1933.

892 So.2d 1067 (2004)

Jose CORREA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 15, 2004.


Attorney(s) appearing for the Case

Rexford Darrow of Law Offices of Casassa, Mangone, Miller & Faett, Naples, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

Jose Correa appeals from his sentence for burglary of a dwelling and grand theft. We find merit only in his argument that the judge's decision to sentence him to fifteen years after he rejected the judge's plea offer of twelve years raised a presumption of judicial vindictiveness that the State failed to overcome. We therefore reverse and remand for resentencing.

Correa entered a plea of no contest to the charges of burglary of a dwelling and...

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