Raul J. Mari, Appellant, v. The State of Florida, Appellee. (2022)

District Court of Appeal of Florida, Third District.

Raul J. Mari, Appellant, v. The State of Florida, Appellee.

No. 3D22-196

Decided: November 02, 2022

Before LOGUE, SCALES and GORDO, JJ.

Raul J. Mari, in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Affirmed. See § 316.1935(1), Fla. Stat. (stating that fleeing or attempting to elude a law enforcement officer is a third-degree felony and providing for habitual offender sentencing under section 775.084, Florida Statutes); Middleton v. State, 721 So. 2d 792, 793 (Fla. 3d DCA 1998) (“The habitual offender statute ‘requires only that a defendant's last prior felony [or release from imprisonment] ․ be within five years of the date of the current felony offense.’ ” (quoting Clark v. State, 681 So. 2d 816, 816 (Fla. 5th DCA 1996))); Turner v. State, 91 So. 3d 219, 220 (Fla. 3d DCA 2012) (“[T]he third-degree felony littering conviction, occurring within five years of the date of the current [felony] offense, was properly used as a qualifying prior offense for purposes of habitual offender sentencing.”).

PER CURIAM.

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