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681 So. 2d 816

Clark v. State

District Court of Appeal of Florida

Decided October 11, 1996

District Court of Appeal of Florida · decided 1996-10-11

Cited by 3 later decisions — most recently June 2012

3 state decisions

Key passage — most relied on by later courts

“requires only that a defendant's last prior felony [or release from imprisonment]... be within five years of the date of the current felony offense.”

quoted by 1 later decision, including Middleton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-11

View the full empirical analysis of this case →

PER CURIAM.

¶1Clark invokes Ride 3.800, Florida Rules of Criminal Procedure, to assert that he was erroneously sentenced as an habitual offender because the earliest of his two prior felonies was not committed within five years of the felony for which he was sentenced. In making his claim, Clark has misinterpreted section 775.084(1), Florida Statutes! Subsection 775.084(l)(a)2, Florida Statutes, requires only that a defendant’s last prior felony or qualified offense conviction be within five years of the date of the current felony offense. Clark’s conviction of burglary of a structure in Florida in 1994 is his last prior felony and his October, 1981 conviction in Mississippi for a similar offense did not have to occur within the five year period.

¶2*817Clark’s claim is -without merit and we affirm the denial of the motion.

¶3AFFIRMED.

PETERSON, C.J., and GRIFFIN and ANTOON, JJ., concur.
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