Chinchar v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 30, 2026
Docket1D2025-2349
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-2349
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BRITTANY NICHOLE CHINCHAR,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Okaloosa County.
Jennie Kinsey, Judge.
September 30, 2026
LONG, J.
Appellant, Brittany Chinchar, challenges her conviction and
sentence for possession of fentanyl and trafficking in
methamphetamine. She argues that the trial court erred in
denying her motion for judgment of acquittal and that her twenty-
five-year prison sentence was the product of judicial
vindictiveness. We affirm the denial of acquittal without further
discussion, and we write to address the judicial vindictiveness
issue.
“[I]mposition of a vindictive sentence is fundamental error
that may be raised for the first time on appeal.” Baxter v. State,
127 So. 3d 726, 732 (Fla. 1st DCA 2013) (quoting Mendez v. State,
28 So. 3d 948, 950 (Fla. 2d DCA 2010)). A vindictive sentence is
one that was “imposed in retaliation for the defendant not pleading
guilty and instead exercising his or her right to proceed to trial.”
Id. at 733 (quoting Wilson v. State, 845 So. 2d 142, 156 (Fla. 2003)).
The Florida Supreme Court has laid out four factors that an
appellate court should consider in determining whether a
presumption that a sentence is vindictive exists: (1) whether the
trial court initiated the plea discussions; (2) whether the trial
court, through its comments on the record, appears to have
departed from its role as an impartial arbiter by urging the
defendant to accept a plea or by indicating that the sentence
imposed would hinge on whether the defendant accepted a plea;
(3) the disparity between the plea offer and the ultimate sentence
imposed; and (4) the lack of any record facts that explain the
reason for the increased sentence other than that the defendant
exercised her right to a trial or hearing. See Wilson, 845 So. 2d at
156. Once a presumption of judicial vindictiveness has been
established, the burden shifts to the State to produce “affirmative
evidence on the record to dispel the presumption.” Id.
Here, the record does not establish a presumption of judicial
vindictiveness. There is no record evidence that the trial court
ever participated in the plea discussions in this case. There is
nothing in this record which suggests that the trial court’s
sentencing decision was at all related to Chinchar’s decision not to
take a plea. Chinchar has, therefore, failed to establish a
presumption of vindictiveness.
AFFIRMED.
KELSEY and TREADWELL, JJ., concur.
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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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Jessica J. Yeary, Public Defender, and Ross S. Haine, II, Assistant
Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and David Welch,
Tallahassee, for Appellee.
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