Is it lawful for the Petitioner to be deemed an Habitual felony offender whereas the Petitioner was one day outside of the time period of conviction of his prior Felony or other qualifying offense, whereas the Statute Clearly states 'within' the 5 years?
QUESTION(S) PRESENTED Is it lawfel for the Peki#ioner Ta be deemed an Habitual felony offer whereas the Petitioner was one day outside of the if dette of conviction of his prior Felony er other qoalitiee offense, whereas the Statute Clearly states “within” the 5 years. boes the inclusion of the term "within" in § 475.084 cD@)l2>d Flovida Statutes as it pertains to the calevlation of Hine for determining habitoo | Felony oftender goalificetion, me seo ° ‘e fournting Phe acha/ day in whith Efidioner is re ease f prtsid fo ensure that a dehatlan’ who Commits 6 , ’ quelityin offense on Haat Sane aay 48 bob ec: habions? Klong blender sanetions, Both questions stand on JEFFRIES Vv. STATE 610 So.2d 440 CFla.1992) ae buts) | ( Precedent Gi)