Fernandez v. State

DANIEL S. PEARSON, Judge.

The trial court imposed fifteen and five-year consecutive sentences upon the defendant after finding that he violated the terms and conditions of his probation. The defendant’s sole point on appeal is that the severity of these sentences when compared to the State’s pre-hearing offer of a three-year sentence, which offer was expressly declared to be “appropriate” by the trial judge, raises a presumption that the severe sentences were unlawfully retaliatory and unjustly punished the defendant for having exercised his constitutional right to a probation violation…