People v. Johnson

Summary

The court held that the statutory restriction on increasing a sentence after an appeal did not apply because Johnson had not appealed the possession conviction or sentence in his first appeal. It also held that the presumption of vindictiveness did not apply because Johnson's aggregate sentence decreased from twenty years to life to twelve years, and Johnson presented no evidence of actual vindictiveness. The court affirmed the statutory ruling, reversed the due-process ruling, and remanded for consideration of remaining issues.