2/10/21 Florida Supreme Court Oral Arguments: State of Florida v. Tony Garcia SC19-1870
Garcia appealed his criminal conviction for first-degree arson, arguing that his seven-year prison sentence was vindictive and influenced by impermissible sentencing factors – specifically, consideration of Garcia’s conduct between indictment and sentencing. The Fourth District Court of Appeal agreed and sent the case back to the trial court for resentencing. The State asked this Court for review, arguing that the Fourth DCA’s decision conflicts with other appellate court decisions.