California, United States of America
The following excerpt is from Johnson v. Superior Court of State, B266421 (Cal. App. 2017):
"If the defendant challenges as vindictive a prosecutorial decision to increase the number or severity of charges following a successful appeal, the court must examine the prosecutor's actions in the context of the entire proceedings. If any objective event or combination of events in those proceedings should indicate to a reasonable minded defendant that the prosecutor's decision to increase the severity of charges was motivated by some purpose other than a vindictive desire to deter or punish appeals, no presumption of vindictiveness is created." (United States v. Krezdorn, supra, 718 F.2d at pp. 1364-1365.)
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