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CLARK v. STATE

No. 1D01-1440.

823 So.2d 809 (2002)

Octavious Monshovia CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 1, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief Criminal Appeals, Elizabeth F. Duffy, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Convicted of burglary of a dwelling with assault or battery, Octavious Monshovia Clark contends that he was unlawfully sentenced as a habitual violent felony offender because the predicate offense the trial court relied on was a North Carolina conviction for armed robbery. He argues that out-of-state convictions cannot be used as predicate felonies justifying habitual violent felony offender sentencing for subsequent offenses in Florida. He also argues...

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