How have courts treated the issue of vindictiveness in a case such as this?

[34 Cal.3d 371] Thus, Bordenkircher v. Hayes specifically did not decide the issue of vindictiveness presented in a case such as this, where the record suggests that the more serious charges were not part of the "give-and-take" of plea negotiations. Rather, in this case, the circumstances strongly suggest that the prosecutor unilaterally imposed a penalty in response to the defendant's insistence on facing a jury retrial. This conclusion is buttressed by the other circumstances surrounding the prosecutor's action, particularly, as we have noted, the fact that the prosecution had been unable to secure a conviction in the first trial.