Dixon v. State

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 resen-tencing 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 “[wjithin 5 years after the conviction of the last prior enumerated felony, or within 5 years after the defendant’s release from a prison sentence ... that is imposed as a result…