Jones v. State (857 So. 2d 375, 2003)

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, based on the totality of the circumstances surrounding the imposition of the defendant’s sentence, it cannot rebut the presumption of judicial vindictiveness that arose. Wilson v. State, 845 So.2d 142, 156 (Fla.2003). Therefore, we reverse the defendant’s sentence and remand for resentencing before a different trial judge. Wilson, 845 So.2d at 159.

Reversed and remanded.