DIXON v. STATE

No. 4D08-3652.

41 So.3d 990 (2010)

Lee DIXON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 4, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. Mclntire, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The defendant appeals his sentence as a violent career criminal to forty years in prison with a thirty-year mandatory minimum. We reverse and remand for resentencing because the defendant did not qualify as a violent career criminal.

For a defendant to qualify as a violent career criminal, a court must find, among other things, that the primary felony offense for which the defendant is to be sentenced was committed "[w]ithin 5 years after the conviction...

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