PRINE v. STATE

No. 2D99-2866.

784 So.2d 1239 (2001)

James F. PRINE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 27, 2001.


Attorney(s) appearing for the Case

John S. Lynch, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.


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...

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