855 So. 2d 266

Nadrian BUTTS, Appellant, v. The STATE of Florida, Appellee.

No. 3D03-722.

District Court of Appeal of Florida, Third District.

Oct. 1, 2003.

Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

SCHWARTZ, Chief Judge.

This appeal from the denial of a 3.850 motion challenges the imposition of a twenty year habitual offender sentence for a drug offense, notwithstanding the trial judge’s pretrial offer of twenty months imprisonment if the defendant pled guilty to this and an additional charge. Under the circumstances, in which an obvious presumption of vindictiveness has not been dissipated in any way, resentencing before another circuit judge is required. Wilson v. State, 845 So.2d 142 (Fla.2003); Blanco v. State, 849 So.2d 381 (Fla. 3d DCA 2003); Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003); Nowells v. State, 840 So.2d 415 (Fla. 3d DCA 2003). Compare Snow v. Crosby, 851 So.2d 222 (Fla. 3d DCA 2003).

Sentence vacated, remanded for resen-tencing.

Butts v. State
855 So. 2d 266

Case Details

Name
Butts v. State
Decision Date
Oct 1, 2003
Citations

855 So. 2d 266

Jurisdiction
Florida

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