Hollie Joanne Nobles v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 6, 2026
Docket5D2026-0525
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2026-0525
LT Case No. 09-2024-CF-498-A
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HOLLIE JOANNE NOBLES,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Citrus County.
Joel D. Fritton, Judge.
Matthew J. Metz, Public Defender, and Joseph Chloupek,
Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Stephen R.
Putnam, Jr., Assistant Attorney General, Daytona Beach, for
Appellee.
November 6, 2026
PER CURIAM.
Hollie Joanne Nobles challenges her sentence following an
evidentiary hearing on a violation of probation, contending that
the sentence is vindictive. In response, the State concedes that it
“does not have a basis to counter [Nobles’s] claim. If this Court is
in agreement, this case should be remanded for resentencing
before a different trial judge.” We agree.
Nobles was serving 36 months of drug offender probation
when she was found in possession of, and tested positive for,
methamphetamine. At a change of plea hearing, she admitted to
violating probation and her counsel indicated Nobles “would be
willing to do community control with a suspended sentence of five
years,” but the trial judge said, “No. We don’t go backwards.
Apparently the prison sanction wasn’t enough the first time or the
second or the third.” The Department of Corrections, aware of
Nobles’s criminal record, had recommended that she be “sentenced
to a new term of probation for 3 years with special condition that
the offender complete an inpatient substance abuse treatment
program and remain in jail until a bed opens at a Department of
Corrections approved Treatment Center.” It further recommended
that Nobles be returned to “community supervision for the
remainder of her term of probation.” After reviewing and
commentating on Nobles’s criminal history, the trial judge offered
that “[i]f she wants to enter a plea here today it would be 36
months in the Florida Department of Corrections.” Nobles chose,
instead, to proceed to a final hearing. The trial judge tried to hold
the final hearing immediately (“Clear the table, let’s go”), but
Nobles’s probation officer was away in training, so the trial judge
set the hearing for later that week, concluding, “[w]e’ll do the
hearing. And that maximum possible punishment is five years in
prison.”
During closing argument at the final hearing, the trial judge
interrupted Nobles’s counsel, saying, “you can appeal if you want,
but I’m going to find the State did prove its burden,” adjudicating
her guilty, and sentencing her to the maximum of 60 months in
prison. Nobles’s counsel asked to “complete the rest of her
argument” which was based on a Fourth District case. She
completed her argument, the trial judge expressed disagreement
with the case (“I don’t know where the Fourth DCA is coming up
with that”) and again sentenced Nobles to the 60 month/five year
maximum.
On appeal, Nobles and the State both agree that the trial
judge was an active participant in the change of plea hearing (to
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the point of making an offer for Nobles to accept) and that nothing
explains why he dramatically increased her sentence (from the 36
months offered to the maximum of 60 imposed) other than Nobles’s
exercise of her right to a hearing. As this Court explained in
Pickard v. State, 417 So. 3d 491 (Fla. 5th DCA 2025):
“When a trial court imposes a harsher sentence after
participating in plea negotiations, the appellate court
must review the totality of the circumstances to
determine if the sentence is vindictive.” Simplice [v.
State], 134 So. 3d [555,] 556 [(Fla. 5th DCA 2014)]. These
circumstances include: (1) whether the court initiated
plea discussions with the defendant, (2) whether the
court appears to have departed from its impartial role by
urging the defendant to accept a plea or by implying that
going to trial would influence sentencing, (3) the disparity
between the plea offer and the sentence imposed, and (4)
the lack of any facts to explain the increased sentence
other than the defendant exercising his right to a trial or
hearing. Id. at 556–57 (quoting Wilson v. State, 845 So.
2d 142, 156 (Fla. 2003)).
Id. at 494. Under the totality of the circumstances, and application
of these four factors, we conclude that Nobles’s sentence is a
vindictive one.
Each of the four factors supports this result. The trial judge
actively participated in the change of plea hearing to the point of
making an offer for Nobles to accept. He made many comments
about Nobles’s prior criminal record, including her incarceration
history, emphasizing that Nobles’s prior “prison sanction wasn’t
enough the first time or the second or the third.” The trial judge
implicitly encouraged Nobles to accept his offer as reflected in his
commentary. When she declined the offer, he abruptly tried to hold
the final hearing then and there. When that did not occur, his last
words were: “We’ll do the hearing. And that maximum possible
punishment is five years in prison.” This again suggests he would
impose a harsher sentence at the final hearing. The disparity
between the sentence offered and the sentence imposed is obvious:
a 24-month increase from 36 months to the maximum of 60
months. Finally, as the State commendably points out, there “is
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nothing in the record to explain why the trial court went from a
36-month sentence to a 60-month sentence” such that the
“presumption that the trial court acted vindictively cannot be
dispelled.” Nothing explains why the trial judge’s 36-month offer
escalated into the 60-month maximum sentence other than
Nobles’s exercise of her right to request a hearing. Vindicative
sentencing is thereby established.
In summary, the totality of the circumstances establish that
Nobles was subject to vindictive sentencing and is entitled to a new
sentencing hearing before a different judge.
REVERSED and REMANDED for further proceedings.
MAKAR and WALLIS, JJ., concur.
EISNAUGLE, J., concurs in result only with opinion.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Case No. 5D2026-0525
LT Case No. 09-2024-CF-498-A
EISNAUGLE, J., concurring in result only.
I agree that we must reverse Appellant’s sentence, but I
cannot join some of the majority’s discussion. I will not endeavor
to explain them all, but as one example, it appears that the hearing
in this case was set as a VOP hearing. Therefore, the trial court’s
desire to proceed with the hearing is not unexpected.
That said, while some of the factors are not met in this case, I
agree that remand for resentencing is required based on a totality
of the circumstances. See Pickard v. State, 417 So. 3d 491, 494
(Fla. 5th DCA 2025).
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