PAUL MICHAEL DOMBROWSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-06-11
No. 96-1212
WARNER, KLEIN and SHAHOOD, JJ., concur.
695 So. 2d 470 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction and sentence as an habitual felony offender. We reject his claim that the trial court’s imposition of the maximum habitual offender term was the result of judicial vindictiveness for appellant’s failure to accept a prior plea bargain. From our reading of the transcript, no plea bargain was in fact offered. However, even if it was, we find no judicial vindictiveness. Batista v. State, 685 So. 2d 20 (Fla. 3d DCA 1996); see also Frazier v. State, 467 So. 2d 447, 450-51 (Fla. 3d DCA), rev. dismissed, 475 So. 2d 694 (Fla.1985).

With respect to appellant’s contention that the trial court erred in sentencing appellant as an habitual offender on the evidence presented by the state, we agree with the state that the appellant did not properly preserve this issue by objecting to the introduction of this evidence on the grounds asserted on appeal.

AFFIRMED.

WARNER, KLEIN and SHAHOOD, JJ., concur.


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  • Odies Willingham II v. State, 781 So. 2d 512 (Fla. 5th DCA 2001)
    …osed on Willingham (in part or in whole) by way of retribution for having exercised his right to have a jury trial. Compare McDonald v. State, 751 So. 2d 56 (Fla. 2d DCA 1999); Pruitt v. State, 682 So. 2d 629 (Fla. 3d DCA 1996); Dombrowski v. State, 695 So. 2d 470 (Fla. 4th DCA 1997). AFFIRMED. PETERSON and PLEUS, JJ., concur. . § 893.13(l)(a)(l), Fla. Stat. (1999), a first degree felony. He had been, charged with trafficking in cocaine, but was convicted of the lesser included offense. . § 893.247(1), Fl…
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