Richard J. Battle v. State

Richard J. Battle seeks reversal of the sentence he received, contending that it was a vindictive sentence imposéd after he rejected a previous plea offer and chose to proceed to trial. 1 We hold that the State did not overcome the presumption of vindictiveness based on the trial court’s initiation of plea discussions,' imposition of a considerably longer sentence after trial, and failuré to put explanatory facts on the record.

Battle was charged with dealing in stolen property and falsification of ownership to a pawn broker. Prior to trial, the State offered Battle a plea of ten years’…