NADRIAN BUTTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-10-01
No. 3D03-722
Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.
855 So. 2d 266 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 9 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

This appeal from the denial of a 3.850 motion challenges the imposition of a twenty year habitual offender sentence for a drug offense, notwithstanding the trial judge’s pretrial offer of twenty months imprisonment if the defendant pled guilty to this and an additional charge. Under the circumstances, in which an obvious presumption of vindictiveness has not been dissipated in any way, resentencing before another circuit judge is required. Wilson v. State, 845 So. 2d 142 (Fla.2003); Blanco v. State, 849 So. 2d 381 (Fla. 3d DCA 2003); Smith v. State, 842 So. 2d 1047 (Fla. 3d DCA 2003); Nowells v. State, 840 So. 2d 415 (Fla. 3d DCA 2003). Compare Snow v. Crosby, 851 So. 2d 222 (Fla. 3d DCA 2003).

Sentence vacated, remanded for resentencing.

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  • Thurman v. Fla. Unemployment Appeals Comm'n, 881 So. 2d 89 (Fla. 1st DCA 2004)
    …the actions of the Commission.” Assam v. Fla. Unemployment Appeals Comm’n, 871 So. 2d 978, 980 (Fla. 3d DCA 2004). See also Rodriguez v. Unemployment Appeals Comm’n, 869 So. 2d 657 (Fla. 3d DCA 2004); Guerrero v. Florida Unemployment Appeals Comm’n, 855 So. 2d 266 (Fla. 3d DCA 2003); Reynolds v. SV Central Dania Props., Inc., 849 So. 2d 1181 (Fla. 4th DCA 2003); Ebersol v. Unemployment Appeals Comm’n, 845 So. 2d 945 (Fla. 5th DCA 2003); Goldberg v. Unemployment Appeals Comm’n, 842 So. 2d 952 (Fla. 4th DCA 200…
  • Nadrian Butts v. State, 898 So. 2d 1082 (Fla. 3d DCA 2005)
    …east harsh of the ... classifications provided in section 775.084.” Sampson v. State, 798 So. 2d 824, 826 (Fla. 3d DCA 2001). Finally, defendant-appellant Butts objects to his being resentenced as a habitual offender on remand from Butts v. State, 855 So. 2d 266 (Fla. 3d DCA 2003), after the defendant had previously been sentenced as a habitual offender. Under the terms of the remand, there was no limitation on the sentence which could be imposed. In that situation, the defendant is clearly on notice that t…
  • Lopez v. Am. Airlines & Fla. Unemployment Appeals Comm'n, 876 So. 2d 1217 (Fla. 3d DCA 2004)
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