NATALIE P. HAVES, APPELLANT,

v.

STANLEY HAVES, ET AL., APPELLEES

Citator

Cited By (24 total)

• Wilson v. State, 845 So. 2d 142 (Fla. 2003)
  …e Fourth District acknowledged that “[a] defendant may not be subjected to a more severe punishment for exercising his constitutional right to stand trial.” Id. However, the Fourth District also referred to its earlier decision in Mitchell v. State, 521 So. 2d 185 (Fla. 4th DCA 1988), where it had previously explained: Absent a demonstration by the defendant of judicial vindictiveness or punitive action, a defendant may not complain simply because he received a heavier sentence after trial. A disparity betwe…

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• Stephney v. State, 564 So. 2d 1246 (Fla. 3d DCA 1990)
  …er offer will not alone support a finding of vindictiveness.... Having rejected the offer of a lesser sentence, [the defendant] assumes the risk of receiving a harsher sentence. Were it otherwise, plea bargaining would be futile. Mitchell v. State, 521 So. 2d 185, 190 (Fla. 4th DCA 1988). Nevertheless, “[W]hen the trial judge is involved with the plea bargaining, and a harsher sentence follows the breakdown in negotiations, the record must show that no improper weight was given the failure to plead guilty.”…
• McDONALD v. State, 751 So. 2d 56 (Fla. 2d DCA 1999)
  …. When considering McDonald’s complaint that the sentences were vindictive, we are mindful that a defendant who is convicted after rejecting a plea offer has no right to insist on being sentenced in accordance with the offer. See Mitchell v. State, 521 So. 2d 185 (Fla. 4th DCA 1988). On the other hand, when a court is exercising its discretion to devise punishment for a convicted defendant, the law forbids it to take into account the defendant’s refusal to accept a plea offer. A defendant’s fear of retributi…

Authorities Cited

• Gen. Cap. Corp. v. TEL Serv. Co., Inc., 239 So. 2d 134 (Fla. 2d DCA 1970)
• Murrey v. The Barnett Nat'l Bank OF Jacksonville, 74 So. 2d 647 (Fla. 1954)