ANTHONY MCNISH, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Vardaman v. State, 63 So. 3d 925 (Fla. 4th DCA 2011)
  …for the vast disparity between its plea offer of eight years, with credit for four years, and the actual thirty-year sentences it imposed. Whether a defendant’s sentence is vindictive is a question of law subject to de novo review. Parker v. State, 977 So. 2d 671, 672 (Fla. 4th DCA 2008) (citing Trot [*927] ter v. State, 825 So. 2d 362, 365 (Fla.2002)). “When there is judicial participation in plea negotiations, followed by a harsher sentence, the supreme court has adopted a totality of the circumstances app…
• Pierre v. State, 114 So. 3d 319 (Fla. 4th DCA 2013)
  …ed two twenty-five-year sentences, to be served concurrently. Claiming he received a vindictive sentence, Pierre appeals. Whether the trial court imposed a vindictive sentence is a question of law which this court reviews de novo. Parker v. State, 977 So. 2d 671, 672 (Fla. 4th DCA 2008). While Pierre never objected to the sentence at the time it was imposed, “imposition of a vindictive sentence is fundamental error that may be raised for the first time on appeal.” Mendez v. State, 28 So. 3d 948, 950 (Fla. 2…
• Alphonso Davis v. State, 268 So. 3d 147 (Fla. 4th DCA 2019)
  …ate, 28 So. 3d 948, 950 (Fla. 2d DCA 2010). Therefore, no action was necessary to preserve this argument for appeal. Whether an increased sentence is vindictive “is a question of law subject to de novo review by this court.” Parker v. State, 977 So. 2d 671, 672 (Fla. 4th DCA 2008). Appellant argues that the sentence imposed by the Resentencing Two trial judge was improperly vindictive because it exceeded the sentence imposed by the original sentencing judge. To resolve this issue it must fir…

Authorities Cited

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)