White v. State

We reverse the circuit court’s denial of postconviction relief because trial counsel was ineffective for failing to object to a potentially vindictive sentence.1 See Evans v. State, 979 So.2d 383 (Fla. 5th DCA 2008); Davis v. State, 860 So.2d 1058 (Fla. 5th DCA 2003). The life sentence imposed in this case — after the judge’s offer of a 10-year sentence — gave rise to a presumption of vindictiveness, which the state has not effectively rebutted.

Appellant’s first trial resulted in a hung jury and the circuit judge declared a mistrial. The judge initiated plea discussions after the mistrial and…