ROY A. DAY, APPELLANT,

v.

LUCY GEE AND GLORIA CRAWFORD HENDERSON, APPELLEES

Citator

Cited By

• Trotter v. State, 825 So. 2d 362 (Fla. 2002)
  …may be fully reviewed on appeal. Id. (emphasis supplied) (footnote omitted). Of course, as Pearce clearly states, the presumption of vindictiveness arises only when a judge imposes a more severe sentence upon resentencing. See id.; Carter v. State, 791 So. 2d 568, 571 (Fla. 3d DCA 2001) (concluding that no claim of vindictiveness may be made where no harsher sentence is imposed at resentencing); Sullivan v. State, 801 So. 2d 185, 187 (Fla. 5th DCA 2001) (holding that where trial court did not impose a harshe…
• Rodriguez v. State, 917 So. 2d 958 (Fla. 3d DCA 2005)
  …at 430; Graham v. State, 681 So. 2d 1178 (Fla. 2d DCA 1996); Harris v. State, 653 So. 2d 402, 404 (Fla. 4th DCA 1995), review denied, 662 So. 2d 342 (Fla.1995), cert. denied, 516 U.S. 1082, 116 S.Ct. 796, 133 L.Ed.2d 744 (1996); cf. Carter v. State, 791 So. 2d 568, 572 (Fla. 3d DCA 2001), review denied, 817 So. 2d 845 (Fla.2002). That fact does not matter, however, when the only reason for resentencing at all is to correct and reduce aspects of a previous sentence which in all other respects was appropriate.…
• Carter v. State, 837 So. 2d 472 (Fla. 3d DCA 2002)
  …PER CURIAM. Affirmed. See Carter v. State, 791 So. 2d 568 (Fla. 3d DCA 2001), review denied, 817 So. 2d 845 (Fla.2002).…

Authorities Cited

• DAY v. Dep't OF Health, 790 So. 2d 1212 (Fla. 1st DCA 2001)