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Confessore v. State, Case No. 5D08-1572 (Fla. App. 6/12/2009) (Fla. App., 2009)

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SETH ANDREW CONFESSORE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D08-1572. District Court of Appeal of Florida, Fifth District. Opinion filed June 12, 2009.3.850 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. Robert Augustus Harper, and Robert Augustus Harper, III, of Harper & Harper Law Firm, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee. COBB, W., Senior Judge. Seth Andrew Confessore appeals the denial of his rule 3.850 motion following an evidentiary hearing. We reverse and remand for resentencing before a different judge on Defendant’s claim of vindictive sentencing. We affirm the denial of his other claims...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).