Mitchell v. State

The defendant, Dawane Mitchell, appeals from his convictions and sentences. The defendant raises numerous points on appeal, but only three merit a brief discussion.

First, we find that the trial court did not abuse its discretion by imposing a more severe sentence upon the defendant after trial than the plea offer made by the court at the close of the State’s ease-in-chief. A review of the record reveals that the reasons for the more severe sentence affirmatively appear in the record so as to assure the absence of vindictiveness. Fraley v. State, 426 So.2d 983 (Fla. 3d DCA 1983).

Next, we find…