Allen v. State

It does not appear whether the State’s offer of a sentence of five years to serve, for all charges, would have been a recommendation or negotiated, but in either event it was rejected by defendant and he went to trial. Counsel asserts that this was because he did not want to plead guilty to the sex offenses, of which he was ultimately acquitted, but this reason was not explained to the trial court when the failed plea bargain was discussed.

*673Defendant contends that judicial vindictiveness is indicated because of certain comments made by the court during the sentence hearing. The court stated to…