Prine v. State

District Court of Appeal of Florida

Prine v. State

784 So. 2d 1239, 2001 Fla. App. LEXIS 5582, 2001 WL 427575

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 2001

DocketNo. 2D99-2866

StatusPublished

Cited by1 cases

This text of 784 So. 2d 1239 (Prine v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prine v. State, 784 So. 2d 1239, 2001 Fla. App. LEXIS 5582, 2001 WL 427575 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

James F. Prine attempted to shoplift a socket wrench from a K Mart store. He was stopped by a security guard at the exit. A struggle ensued as Mr. Prine sought to break free from the security guard’s grasp and flee. As a result of this struggle, Mr. Prine transformed the misdemeanor petit theft into the second-degree felony of robbery. Although his guidelines sentencing scoresheet called for a maximum sentence of 67.2 months, the prosecutor, in his sole discretion, elected to treat Mr. Prine as a prison releasee reof-fender and required the trial court to sentence Mr. Prine to a fifteen-year minimum mandatory term of imprisonment. See § 775.082, Fla. Stat. (1999); State v. Cotton, 769 So.2d 345 (Fla.2000). We find no reversible error and therefore affirm the conviction and the sentence.

Affirmed.

PATTERSON, C.J., and ALTENBERND and WHATLEY, JJ., concur.

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PER CURIAM.

James F. Prine attempted to shoplift a socket wrench from a K Mart store. He was stopped by a security guard at the exit. A struggle ensued as Mr. Prine sought to break free from the security guard’s grasp and flee. As a result of this struggle, Mr. Prine transformed the misdemeanor petit theft into the second-degree felony of robbery. Although his guidelines sentencing scoresheet called for a maximum sentence of 67.2 months, the prosecutor, in his sole discretion, elected to treat Mr. Prine as a prison releasee reof-fender and required the trial court to sentence Mr. Prine to a fifteen-year minimum mandatory term of imprisonment. See § 775.082, Fla. Stat. (1999); State v. Cotton, 769 So.2d 345 (Fla.2000). We find no reversible error and therefore affirm the conviction and the sentence.

Affirmed.

PATTERSON, C.J., and ALTENBERND and WHATLEY, JJ., concur.

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784 So. 2d 1239, 2001 Fla. App. LEXIS 5582, 2001 WL 427575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prine-v-state-fladistctapp-2001.

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