Dominguez v. State

Ricardo Dominguez appeals an order re-sentencing him after his previous sentence was found to be vindictive. We remand for a new sentencing proceeding.

After his conviction of aggravated assault on a police officer, defendant-appellant Dominguez appealed to this court. The defendant had been sentenced to seventeen years incarceration as a habitual felony offender (“HFO”), followed by five years of probation (“the seventeen-year split sentence”). This sentence was consecutive to the sentence imposed in the defendant’s violation of probation case. For the reasons spelled out in this court’s…