RUSSELL v. STATE

No. 95-1477.

675 So.2d 961 (1996)

Marion J. RUSSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 16, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

In this direct criminal appeal, appellant challenges his sentence as an habitual felony offender, contending that habitualization was error because none of the federal felony convictions relied on by the trial court as predicate offenses was "substantially similar in elements and penalties to an offense in [Florida]." We conclude that appellant's prior federal conviction for mail fraud is a conviction of an offense substantively indistinguishable from...

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