Fudge v. State

Defendant-petitioner Drinmard Fudge contends that his appellate counsel was ineffective for failing to raise a claim of vindictive sentencing. We conclude that the defendant’s point is well taken.

The defendant was convicted of armed robbery, armed kidnapping, and attempted burglary in Miami-Dade County circuit court case number 05-33506 (“the jury verdict case”). On direct appeal, appellate counsel raised a claim of error in the jury instructions but did not raise a claim of vindictive sentencing. This court affirmed the convictions without opinion. Fudge v. State, 3 So.3d 1262 (Fla. 3d DCA…