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Clines v. State

Supreme Court of Florida
912 So. 2d 550 (2005)


Michael Ray Clines (defendant) pled nolo contendere to the charges of grand theft and resisting arrest with violence. At Clines’s sentencing hearing, the state sought an enhanced penalty under Florida’s recidivist-sentencing statute. The state claimed that under the statute, Clines was both a habitual felony offender and a violent career criminal. These classifications determined the terms of punishment that could be imposed on Clines. For the charge of resisting arrest, the trial court sentenced Clines to (1) 10 years in prison as a habitual felony offender and (2) a mandatory minimum term of 10 years as a violent career criminal. Clines appealed on the ground that the application of multiple recidivist categories for the same conduct violated the prohibition on double jeopardy and defied the legislative intent of the recidivist-sentencing statute. The first district affirmed the sentencing and determined that the application of multiple categories did not violate double jeopardy or legislative intent. However, the first district certified a conflict to the Supreme Court of Florida, as the second district and fourth district had previously determined that the application of multiple categories was not permitted under the statute.

Rule of Law


Holding and Reasoning (Cantero, J.)

Concurrence (Wells, J.)

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