Nathaniel Erke v. State of Florida

THOMAS, J.,

Specially Concurring.

But for our decision in Towbridge v. State, 45 So.3d 484 (Fla. 1st DCA 2010), I would grant the petition alleging ineffective assistance of appellate counsel, based on appellate counsel’s failure to argue on appeal that Petitioner’s motion to withdraw his plea should have been granted, because the 35-year sentence which Petitioner received was the result of judicial vindictiveness and, further, that this sentence constituted fundamental error which could have and should have been raised on direct appeal. Baxter v. State, 127 So.3d 726, 732 (Fla. 1st DCA 2013)…