District Court of Appeal of Florida· 6/15/2005
Harris v. State
Citations
- 903 So. 2d 363
- 2005 WL 1397356
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the State had failed to overcome a presumption of vindictiveness where the trial court initiated off-the-record plea discussions, departed from its role as a neutral arbiter, and imposed a sentence significantly harsher than the plea offer
- reversing sentence because an un-rebutted presumption of vindictiveness arose but recognizing that this court had “no way of evaluating the ‘totality of the circumstances’ of the court’s plea offer” where the trial court made the original plea offer off the record, in violation of Warner
- “Appellate courts should look at the totality of the circumstances when determining whether a defendant’s constitutional right to due process was violated by the imposition of an increased sentence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Mendez v. StateDistrict Court of Appeal of Florida· 2010-02-19· cited 12×
- Hernandez v. StateDistrict Court of Appeal of Florida· 2014-08-15· cited 9×
- Julio C.C. Nunez v. StateDistrict Court of Appeal of Florida· 2016-05-20· cited 2×
- Forman v. StateDistrict Court of Appeal of Florida· 2017-10-20
- DEVON F. EVANS v. STATE OF FLORIDADistrict Court of Appeal of Florida· 2019-09-13
- ISSAC WOODS v. StateDistrict Court of Appeal of Florida· 2021-01-20
- Stewart v. StateDistrict Court of Appeal of Florida· 2012-03-30
Cites
5 cases in this archive are cited by this case.
- Wilson v. StateSupreme Court of Florida· 2003-04-10· cited 105×
- State v. WarnerSupreme Court of Florida· 2000-06-22· cited 92×
- Cambridge v. StateDistrict Court of Appeal of Florida· 2004-10-13· cited 10×
- Harris v. StateDistrict Court of Appeal of Florida· 2003-05-21· cited 8×
- Correa v. StateDistrict Court of Appeal of Florida· 2004-10-15· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
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