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Senko v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 24, 2020
293 So. 3d 633 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-2328

04-24-2020

John SENKO, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Bordenkircher v. Hayes , 434 U.S. 357, 364–65, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978) (holding that in a pretrial setting, the Due Process Clause of the Fourteenth Amendment to the United States Constitution does not prohibit a prosecutor from carrying out a threat, made during plea negotiations, to bring additional, more serious charges against an accused who refused to plead guilty to the originally-charged offense when it is undisputed that the additional charge is justified by the evidence, the prosecutor was in possession of this evidence when the original charge was filed, and the additional charge was filed solely because of the accused’s failure to plead to the original charge); Wallace v. State , 689 So. 2d 1159, 1164 (Fla. 4th DCA 1997) ("There is no presumption of prosecutorial vindictiveness when additional charges are filed, even at the beginning of trial, after a defendant’s refusal to plead guilty to the initially charged crimes."), quashed on other grounds , 724 So. 2d 1176 (Fla. 1998) ; State v. Phillips , 642 So. 2d 18, 19 (Fla. 2d DCA 1994) ("For just as a prosecutor may forgo legitimate charges already brought in an effort to save the time and expense of trial, a prosecutor may file additional charges if an initial expectation that a defendant would plead guilty to lesser charges proves unfounded." (quoting United States v. Goodwin , 457 U.S. 368, 378, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982) )).

EVANDER, C.J., and WALLIS and LAMBERT, JJ., concur.


Summaries of

Senko v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 24, 2020
293 So. 3d 633 (Fla. Dist. Ct. App. 2020)
Case details for

Senko v. State

Case Details

Full title:JOHN SENKO, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 24, 2020

Citations

293 So. 3d 633 (Fla. Dist. Ct. App. 2020)