CLINES v. STATE

No. 1D03-4823.

881 So.2d 721 (2004)

Michael Ray CLINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 15, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Trish Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, J.

Does section 775.084, Florida Statutes (2002), authorize the trial court to sentence a criminal defendant as both a violent career criminal and a habitual felony offender on one count of resisting arrest with violence? We find that such a sentence violates neither double jeopardy protections nor legislative intent. We certify conflict to the Florida Supreme Court.

In the judgment and sentence entered below, the circuit court designated appellant Michael...

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