Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998). · Go Syfert
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Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998). Cases Citing This Book View Copy Cite
27 citation events (26 in the last 25 years) across 1 distinct court.
Strongest positive: RAUL J. MARI v. THE STATE OF FLORIDA (fladistctapp, 2022-11-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) RAUL J. MARI v. THE STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
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 defendant’s 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) (“[…
discussed Cited as authority (rule) Turner v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
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.” 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). .
cited Cited as authority (rule) Gutierrez v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Middleton v. State, 721 So.2d 792, 793 (Fla. 3d DCA 1998).
cited Cited "see" Smith v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Middleton v. State, 721 So.2d 792 (Fla. 3d DCA 1998).
Michael MIDDLETON, Appellant,
v.
The STATE of Florida, Appellee.
98-2906.
District Court of Appeal of Florida, Third District.
Dec 9, 1998.
721 So. 2d 792
Schwartz, C.J., and Nesbitt and Cope.
Cited by 25 opinions  |  Published

[*793] Michael Middleton, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

PER CURIAM.

Michael Middleton appeals the denial of his motion for postconviction relief, whereby he challenges his sentence as a habitual offender. We affirm.

According to defendant-appellant Middleton's motion, the offense for which defendant was habitualized occurred May 24, 1994. Defendant acknowledges that the State established that defendant was convicted of a qualifying offense within the previous five years, based on felony convictions entered November 30, 1992. See § 775.084(1)(a)2., Fla. Stat. (1993). Defendant acknowledges having another prior felony conviction, in circuit court case number 83-12144. However, defendant argues that the 1983 case cannot be used as a predicate felony because defendant was released from prison on July 15, 1987, more than five years before the 1994 crime. Defendant contends that the 1983 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 DCA 1996); 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 more than five years from the current offense. It follows that the 1983 case was properly counted as a predicate offense. The trial court correctly denied the motion for postconviction relief.

Affirmed.