ORTEGA

v.

UNITED STATES; AND ORSINI V. UNITED STATES

Citator

Cited By (44 total)

• Stephney v. State, 564 So. 2d 1246 (Fla. 3d DCA 1990)
  …ay dissipated by record evidence. Consequently, the fact that the sentence ultimately entered was within the permissible guidelines limits does not render the sentence proper. See United States v. Stockwell, 472 F. 2d 1186 (9th Cir.), cert. denied, 411 U.S. 948, 93 S.Ct. 1924, 36 L.Ed.2d 409 (1973). The only conclusion which can be drawn is that the longer sentence was entered due to the defendant’s failure to accept the plea bargain offered by the trial judge. Defendant seeks as a remedy this court’s ord…
• Mitchell v. State, 521 So. 2d 185 (Fla. 4th DCA 1988)
  …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. United States v. Stockwell, 472 F. 2d 1186, 1187-88 (9th Cir.), cert. denied, 411 U.S. 948, 93 S.Ct. 1924, 36 L.Ed. 2d 409 (1973); Battles v. State, 482 So. 2d 540 (Fla. 3d DCA 1986). See also Frazier, 467 So. 2d at 449, n. 5. The appellant argues that since the trial judge was involved in this plea negotiation a presumption of vindictiv…
• United States v. Sperling, 506 F.2d 1323 (2d Cir. 1974)
  …right to privacy was not violated wl en a police officer who was in the trunk of a car overheard two of his conversations while he was standing nearby on the public sidewalk. United States v. Ortega, 471 F. 2d 1350, 1361 (2 Cir. 1972), cert. denied, 411 U.S. 948 (1973). Nor were his Fourth Amendment rights violated by the admission in evidence of another of his conversations which had been recorded by means of a valid court-authorized listening device installed in a mailbox. United States v. Manfredi, supra…