Clines v. State
Supreme Court of Florida
912 So. 2d 550 (2005)
Relevant factsFree
Michael Clines (defendant) pled nolo contendere to grand theft and resisting arrest with violence, and the state sought to sentence him under Florida's recidivist statute as both a habitual felony offender and a violent career criminal — two overlapping categories that together increased his punishment for resisting arrest to 10 years plus a mandatory minimum 10-year term. The trial court applied both categories, and the first district affirmed but certified a conflict, since other Florida appellate districts had held only one category could apply per offense.
IssueFree
Whether, under the state's recidivist-sentencing statute, only one recidivist category may be applied to increase a defendant's sentence.