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857 So. 2d 375

Jones v. State

District Court of Appeal of Florida

Decided November 5, 2003

District Court of Appeal of Florida · decided 2003-11-05

Relies on 845 So. 2d 142 - Wilson v. State

Decided 2003-11-05

¶1CONFESSION OF ERROR

PER CURIAM.

¶2As the State properly concedes, based on the totality of the circumstances surrounding the imposition of the defendant’s sentence, it cannot rebut the presumption of judicial vindictiveness that arose. Wilson v. State, 845 So.2d 142, 156 (Fla.2003). Therefore, we reverse the defendant’s sentence and remand for resentencing before a different trial judge. Wilson, 845 So.2d at 159.

¶3Reversed and remanded.

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