Carter v. State

The defendant appeals from his sentence claiming the trial court imposed a presumptively vindictive sentence upon re-sentencing him for sexual battery, and that special probationary condition (h) is invalid. We summarily reject the first contention, finding no basis whatsoever for the vindictiveness claim. However, we find merit in the challenge to the probationary condition.

Special probationary condition (h) provides:

As directed by your Officer, you will enroll in, regularly attend, and successfully complete, such programs as are reasonably related to your past and future criminality, or the…