State v. Brown

The Supreme Court vacated Defendant’s sentence imposed on remand after a successful criminal appeal, holding that Defendant’s due process rights were violated when he received more prison time upon resentencing. Defendant was originally sentenced to 360 months’ imprisonment after pleading no contest to one count of aggravated sodomy. The court of appeals vacated Defendant’s sentence on appeal. On remand, the same judge sentenced Defendant to 372 months of imprisonment. The court of appeals affirmed the longer sentence, concluding that no presumption of vindictiveness applied. The Supreme Court reversed, holding that twelve months of Defendant’s prison term was an artifact of his success on his first appeal. View "State v. Brown" on Justia Law