Correa v. State

KELLY, Judge.

Jose Correa appeals from his sentence for burglary of a dwelling and grand theft. We find merit only in his argument that the judge’s decision to sentence him to fifteen years after he rejected the judge’s plea offer of twelve years raised a presumption of judicial vindictiveness that the State failed to overcome. We therefore reverse and remand for resentencing.

Correa entered a plea of no contest to the charges of burglary of a dwelling and grand theft. He was sentenced as a habitual offender to twenty-five years in state prison for the burglary and five years for the grand…