Prine v. State

Florida District Courts of Appeal
Prine v. State, 784 So. 2d 1239 (2001)
2001 Fla. App. LEXIS 5582; 2001 WL 427575
Altenbernd, Patterson, Whatley

Prine v. State

Opinion of the Court

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.

Reference

Full Case Name
James F. PRINE, Jr. v. STATE of Florida
Cited By
1 case
Status
Published