EDUARDO VICENTE TAVANO, APPELLANT,

v.

SUELY MEIRE ABBATE TAVANO, APPELLEE

Citator

Cited By

• Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998)
  …case must be disregarded. Defendant is in error. The habitual offender statute “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.” Clark v. State, 681 So. 2d 816 (Fla. 5th DCA1996); see § 775.084(1)(a)2., Fla. Stat. (1993). Thus, only one of the qualifying offenses must have been committed (or the defendant released) within five years of the current offense. The other qualifying offense (or release) can be m…
• Alfonzo Edwards v. State, 743 So. 2d 76 (Fla. 5th DCA 1999)
  …fendant as a habitual felony offender when the current offense was committed within five years of, release from prison for a conviction for purchase or possession of a controlled substance in violation of 893.13. As we pointed out in Clark v. State, 681 So. 2d 816 (Fla. 5th DCA 1996), the habitual felony offender statute only requires that defendant’s last prior felony conviction, or release from prison, be within five years of the date of the current offense. AFFIRMED. HARRIS and THOMPSON, JJ., concur.…
• Turner v. State, 91 So. 3d 219 (Fla. 3d DCA 2012)
  …der statute "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.” Middleton v. State, 721 So. 2d 792, 792 (Fla. 3d DCA 1998) (citing to Clark v. State, 681 So. 2d 816 (Fla. 5th DCA 1996)); Gutieirez v. State, 854 So. 2d 218 (Fla. 3d DCA 2003) (holding that five-year time period described in the habitual offender statute applies only to the most recent predicate felony). . The remaining two, third-degree felony c…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Fort v. Anne Burton Fort, 90 So. 2d 313 (Fla. 1956)