Crystal v. State

In Crystal v. State, 672 So.2d 632 (Fla. 1st DCA 1996), we vacated the appellant’s seven and one-half year sentence and remanded for resentencing. Upon remand, the trial court imposed a sentence of ten years. We vacate the ten year sentence because it violates the appellant’s right to due process under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

The only reason advanced by the trial court for the increased sentence was that the original sentence was “actually an insufficient sentence and not commensurate with the crime that was committed.” But the facts of the…