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Raul J. Mari, Appellant, v. The State of Florida, Appellee. (2022)

District Court of Appeal of Florida, Third District.2022-11-02No. No. 3D22-196

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Opinion

Affirmed. See § 316.1935(1), Fla. Stat. (stating that fleeing or attempting to elude a law enforcement officer is a third-degree felony and providing for habitual offender sentencing under section 775.084, Florida Statutes); Middleton v. State, 721 So. 2d 792, 793 (Fla. 3d DCA 1998) (“The habitual offender statute ‘requires only that a defendants last prior felony [or release from imprisonment] ․ be within five years of the date of the current felony offense.’ ” (quoting Clark v. State, 681 So. 2d 816, 816 (Fla. 5th DCA 1996))); Turner v. State, 91 So. 3d 219, 220 (Fla. 3d DCA 2012) (“[T]he third-degree felony littering conviction, occurring within five years of the date of the current [felony] offense, was properly used as a qualifying prior offense for purposes of habitual offender sentencing.”).

PER CURIAM.