Thursday, January 9, 2003
Marvin Nettles v. State of Florida

No.02-1523

Escambia County


Nettles was sentenced to 66.4 months in prison for two counts of attempted lewd and lascivious conduct. His sentence was enhanced because of two separate statutes, one dealing with habitual felons and the other with prison releasee reoffenders. Later he filed a motion alleging that his sentence was illegal under recent opinions issued by the Second and Fifth District Courts, which concluded that defendants could not be sentenced under both statutes for the same offenses. The First District disagreed and affirmed the length of the sentence. The Supreme Court accepted the case to resolve the conflicting opinions of the lower courts.