Clines v. State

912 So. 2d 550, 2005 WL 1572294
CourtSupreme Court of Florida
DecidedJuly 7, 2005
DocketSC04-1882
StatusPublished
Cited by50 cases

This text of 912 So. 2d 550 (Clines v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clines v. State, 912 So. 2d 550, 2005 WL 1572294 (Fla. 2005).

Opinion

912 So.2d 550 (2005)

Michael Ray CLINES, Petitioner,
v.
STATE of Florida, Respondent.

No. SC04-1882.

Supreme Court of Florida.

July 7, 2005.
Rehearing Denied September 29, 2005.

*552 Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Bureau Chief, Criminal Appeals, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, FL, for Respondent.

CANTERO, J.

We review Clines v. State, 881 So.2d 721 (Fla. 1st DCA 2004), which certified conflict with Works v. State, 814 So.2d 1198 (Fla. 2d DCA 2002), and Oberst v. State, 796 So.2d 1263 (Fla. 4th DCA 2001). The issue on which they disagree is whether the recidivist sentencing statute allows a court to sentence a defendant as both a habitual felony offender and a violent career criminal. In the case we review, the First District held that it does, see Clines, 881 So.2d at 722, while the conflicting courts held it does not. Works, 814 So.2d at 1199; Oberst, 796 So.2d at 1265. We have jurisdiction to resolve the certified conflict, see art. V, § 3(b)(4), Fla. Const., and granted review. See Clines v. State, *553 890 So.2d 1114, 1114 (Fla.2005) (granting review). We conclude that the statute is ambiguous about whether a defendant may be sentenced under more than one of its recidivist categories. Therefore, we apply the rule of lenity and hold that the statute does not permit a court to sentence a defendant under multiple categories for a single crime. Because of our resolution of this issue, we need not consider whether sentencing a defendant under more than one category would violate double jeopardy protections.

I. THE STATUTE

The defendant, Michael Ray Clines, was sentenced under Florida's recidivist sentencing statute. That statute, section 775.084, Florida Statutes (2002), establishes four categories of recidivists whose sentences may be enhanced. They are, in order of increasing punishment, habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, and violent career criminals. § 775.084(1), Fla. Stat. (2002). These categories have different but overlapping definitions. To be sentenced as a habitual felony offender, a defendant must have two prior felony convictions and must have committed his current felony within a certain time frame: either (a) while serving a prison sentence or while under supervision as the result of one of the prior convictions that qualified him for this category, or (b) within five years of his last conviction, prison release, or release from supervision attributable to one of those qualifying convictions. § 775.084(1)(a), Fla. Stat. (2002).[1] To be sentenced as a habitual violent felony offender, a defendant must have been convicted of one prior enumerated felony and must have committed his current felony within the above time frame. § 775.084(1)(b), Fla. Stat. (2002). To be sentenced as a three-time violent felony offender, a defendant must have been convicted twice as an adult of certain violent felonies (listed in the statute) and must have committed another such offense within the above time frame. § 775.084(1)(c), Fla. Stat. (2002). Finally, to be sentenced as a violent career criminal, a defendant must have been previously incarcerated in state or federal prison, must have been convicted three times as an adult of certain violent felonies (listed in the statute), and must have committed another such offense within the above time frame. § 775.084(1)(d), Fla. Stat. (2002).

Recidivists within these categories are subject to enhanced punishment, which generally increases with each category. The two habitual offender categories are permissive; such offenders "may" be sentenced more harshly than otherwise. § 775.084(4)(a)-(b), Fla. Stat. (2002). The other two categories are mandatory. Three-time violent felony offenders "must" be sentenced to mandatory minimum terms. § 775.084(4)(c), Fla. Stat. (2002). Violent career criminals "shall" be sentenced to lengthy minimum terms and may also be sentenced to even longer maximum terms, with no eligibility for discretionary early release. § 775.084(4)(d), (4)(k)2., Fla. Stat. (2002). The following table summarizes the specific punishments authorized by each category:

*554
              3rd-Degree       2nd-Degree        1st-Degree
               Felonies         Felonies          Felonies           Life Felonies
------------------------------------------------------------------------------------
Habitual    Up to 10 years    Up to 30 years    Life                Life
Felony                                          imprisonment        imprisonment
Offenders
------------------------------------------------------------------------------------
Habitual    Up to 10 years;   Up to 30 years;   Life                Life
Violent     not eligible for  not eligible for  imprisonment;       imprisonment;
Felony      release for 5     release for 10    not eligible for    not eligible for
Offenders   years             years             release for 15      release for 15
                                                years               years
------------------------------------------------------------------------------------
Three-Time  Mandatory         Mandatory         Mandatory           Mandatory
Violent     minimum of 5      minimum of 15     minimum of 30       minimum of life
Offenders   years             years             years               imprisonment
------------------------------------------------------------------------------------
Violent     Up to 15 years,   Up to 40 years,   Life imprisonment;  Life
Career      with a mandatory  with a mandatory  no                  imprisonment;
Criminals   minimum           minimum           discretionary       no discretionary
            of 10 years       of 30 years       early release       early
                                                                    release

See § 775.084(4)(a)-(k), Fla. Stat. (2002).

Because of the substantial overlap among the four recidivist categories, a defendant may meet the criteria of more than one category. For instance, a violent career criminal (one who has been convicted three times as an adult of certain violent felonies, and committed another such offense within the specified time frame) will always be a habitual felony offender (because he will have two prior felony convictions and will have committed his current felony within the same time frame). Compare § 775.084(1)(a), Fla. Stat. (2002), with § 775.084(1)(d), Fla. Stat. (2002).

II. PROCEEDINGS BELOW

Clines was charged with resisting arrest with violence, grand theft, and two counts of battery on a law enforcement officer. The State filed notices of its intent to seek both habitual felony offender sentencing and violent career criminal sentencing under section 775.084. Clines later pled nolo contendere to the resisting arrest and grand theft charges, while the State dropped the two counts of battery on a law enforcement officer. The punishment was left for the trial court to determine.

At the sentencing hearing, the State introduced evidence showing that Clines qualified as a habitual felony offender and a violent career criminal. The trial court applied both designations.

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Bluebook (online)
912 So. 2d 550, 2005 WL 1572294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clines-v-state-fla-2005.