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FIRZPATRICK v. STATE

No. 2D03-329.

868 So.2d 615 (2004)

Leo FITZPATRICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Leo Fitzpatrick appeals his prison releasee reoffender sentence for robbery. He contends that he did not qualify to be sentenced as a prison releasee reoffender because he was not lawfully in custody within three years of the commission of the present offense. Because Fitzpatrick committed a qualifying crime within three years of his release from prison, we affirm his sentence.

Fitzpatrick committed...

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