JAMES F. PRINE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Petit Theft cases and more on FLexlaw
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Netherly v. State, 804 So. 2d 433 (Fla. 2d DCA 2001)…e date adopted by the trial court, the offense was initially filed more than sixteen months after the statute of limitations expired. Statutes of limitations on criminal offenses must be liberally construed in favor of the accused. Sutton v. State, 784 So. 2d 1239 (Fla. 2d DCA 2001). Once a defendant has raised the statute of limitations defense, the burden is on the prosecution to establish that the offense is not barred by the statute. Id. at 1241. The State established that Mr. Netherly was absent from the…1 / 2
-
Breffnay Cunnell v. State, 920 So. 2d 810 (Fla. 2d DCA 2006)…ossible attempt at service in Wakulla County, and the absence of any effort to perform a diligent search. Under these circumstances, the circuit court erred in finding that the State served the capias without unreasonable delay. See Sutton v. State, 784 So. 2d 1239, 1241-42 (Fla. 2d DCA 2001), superseded by statute on other grounds, State v. Parks, 866 So. 2d 172, 173 (Fla. 2d DCA 2004); Lucas v. State, 718 So. 2d 905, 907 (Fla. 3d DCA 1998). The circuit court also erred in finding that the statutes of limita…
-
State v. Parks, 866 So. 2d 172 (Fla. 2d DCA 2004)…mber of decisions interpreting the pre-1997 version of section 775.15(5), which required the State to show that the capias, summons, or other process issued on the information had been executed without unreasonable delay. See, e.g., Sutton v. State, 784 So. 2d 1239 (Fla. 2d DCA 2001) (interpreting 1995 version of section 775.15(5)); Lewis v. State, 765 So. 2d 163 (Fla. 2d DCA 2000) (same). But the statute was amended effective July 1, 1997. Ch. 97-90, § 7, at 521, Laws of Fla. Parks allegedly committed his cri…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)