GARY MACK, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Clines v. State, 912 So. 2d 550 (Fla. 2005)
  …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 hel…

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• Demoine Works v. State, 814 So. 2d 1198 (Fla. 2d DCA 2002)
  …strict Court of Appeal analyzed the language of section 775.084, Florida Statutes (1999), and held that a trial court cannot sentence a defendant as both a habitual felony offender and a violent career criminal for the same offense. Oberst v. State, 796 So. 2d 1263, 1265 (Fla. 4th DCA 2001). We agree with the rationale of Oberst and conclude that Works’s sentence for the shooting must be reversed.1 On remand, the trial court may only sentence Works either as a habitual felony offender or as a violent career cr…
• Jones v. State, 964 So. 2d 855 (Fla. 2d DCA 2007)
  …l in this case. The supreme court granted review in Clines based on the First District’s certification of conflict with this court’s holding in Works v. State, 814 So. 2d 1198 (Fla. 2d DCA 2002), and the Fourth District’s holding in Oberst v. State, 796 So. 2d 1263 (Fla. 4th DCA 2001). The opinion in Works issued prior to the conviction in the present case and was available to appellate counsel. Works was sentenced as both a habitual felony offender and a violent career criminal for the offense of shooting at,…

Authorities Cited

• Fritz Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001)