King v. State

ALTENBERND, Acting Chief Judge.

Ernest J. King appeals a 30-year habitual felony offender sentence imposed after he was found guilty of a lewd and lascivious act in the presence of a child, a violation of section 800.04(4), Florida Statutes (1997). We reverse the sentence because a presumption exists that the sentence, though lawful in its duration, was vindictive due to the trial court’s statements. We remand the case for resentencing by a different circuit court judge.

On August 9, 1998, Mr. King was arrested for committing a lewd and lascivious act in the presence of a 15-year-old boy in…