State of Iowa v. Stevie Dewayne Harrington

HECHT, Justice.

When the defendant’s case was remanded for resentencing on four drug-related convictions, the district court imposed two sentencing enhancements it had not imposed when the defendant was sentenced originally. The defendant contends the imposition of the sentencing enhancements was the result of judicial vindictiveness in violation of the rule established in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). Because the defendant received a shorter overall sentence on resentencing for the four convictions, we conclude the presumption of judicial…