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District Court of Appeal of Florida


Clarke v. State of Florida, 4D05-1077

Convictions for kidnapping and aggravated assault are affirmed but a habitual offender sentence is reversed and remanded where the state did not establish that defendant's Bahamian convictions, which were the basis for the harsher sentence, had elements which were similar to Florida offenses and were punishable by more than one year of imprisonment.

Appellate Information

  • Decided 09/20/2006
  • Published 09/20/2006

Judges

  • KLEIN, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

  • For Appellees:
  • Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.
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