Jones v. State

Full title: LEON ANDREW JONES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 5, 2003

857 So. 2d 375 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-3335.

Opinion filed November 5, 2003.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Lower Tribunal No. 01-34539.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, Melissa Vaughan Rubin and Consuelo Maingot, Assistant Attorneys General, for appellee.

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

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.