JUAN MESA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Juan Mesa (“Mesa”), appeals the denial of his 3.850 motion for post conviction relief. Mesa raises several issues, only one of which has merit. Mesa contends the trial court erred in sentencing him to seven years in prison with a five-year minimum mandatory term, as both a habitual felony offender and a habitual violent offender. Based on the Florida Supreme Court’s decision in Clines v. State, 912 So. 2d 550 (Fla. 2005), we agree and reverse for further proceedings.
In Clines, the Court applied the rule of lenity and concluded that “section 775.084 is ambiguous about whether multiple recidivist categories may be applied to a single criminal sentence.” Clines, 912 So. 2d at 560. The Court further held “that the recidivist categories are designed to be hierarchical, not complementary ... and only one recidivist category in section 775.084 may be applied to any criminal sentence.” Clines, 912 So. 2d at 559-60.
Accordingly, we reverse the trial court’s order denying the motion for post conviction relief and remand to the trial court to either allow the State to remove one of the recidivist designations, or withdraw from the plea agreement and proceed to trial.
Reversed and remanded for further proceedings.
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Ismenia Acuna v. State, 965 So. 2d 1274 (Fla. 3d DCA 2007)…motion on ground one. On remand, the trial court shall consider Defendant’s first point that she was sentenced in error as both a habitual felony offender and a violent career criminal. See Clines v. State, 912 So. 2d 550 (Fla.2005); Mesa v. State, 934 So. 2d 523 (Fla. 3d DCA2005). We affirm the order denying relief as to the second point. Affirmed in part; reversed in part.…
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Craig v. State, 45 So. 3d 1 (Fla. 3d DCA 2010)…t conform to the oral pronouncement; and (6) the plea agreement was violated. The trial court denied the motion following a hearing in which both Craig and defense counsel testified. This Court affirmed the trial court’s finding. See Craig v. State, 934 So. 2d 523 (Fla. 3d DCA 2005), review denied, 949 So. 2d 197 (Fla.2007). On a motion for clarification, this Court noted that the State conceded a technical error and directed that Craig be resen-tenced to consecutive five-year sentences on the felony counts…
Authorities Cited
- Clines v. State, 912 So. 2d 550 (Fla. 2005)