Steven R. Heatherly returns to this Court for his third and fourth appeals. See Heatherly v. State, 773 So.2d 405 (Miss. Ct. App. 2000); Heatherly v. State, 757 So.2d 357 (Miss. Ct. App. 2000). ¶ 3.

¶ 9. The United States Supreme Court and the Mississippi Supreme Court have stated that vindictive prosecution occurs when “the defendant is punished for doing something that is within his right, such as turning down a plea bargain, by pushing for a heavier sentence, etc.” Heatherly v. State, 773 So.2d 405, 407 (¶ 5) (Miss.Ct.App.2000) (citations omitted). However, the Mississippi Supreme Court has also stated: “In the ‘give-and-take’ of plea bargaining, there is no such element of punishment or retaliation so long as the accused is free to accept or reject the prosecution's offer.”

Graves, 492 So.2d at 567 (quoting Bordenkirker, 434 U.S. at 363). See also Heatherly v. State, 773 So.2d 405 (¶ 9) (Miss.Ct.App. 2000). ¶ 8.