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OWEN v. STATE

No. 95-04012.

688 So.2d 402 (1997)

Darryl W. OWEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 12, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Assistant Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert L. Martin, Assistant Attorney General, Tampa, for appellee.

WHATLEY, Judge.

Darryl Owen appeals his habitual offender sentence for failure to appear in case no. 95-06691. He contends he was improperly sentenced as a habitual offender for this offense because it was committed on November 18, 1994, more than five years after he was released from parole on October 17, 1989. Owen is correct. One of the requirements for sentencing a defendant as a habitual felony offender is that the felony was committed "within 5 years of the...

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