Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided July 9, 2004No. 2D03-941Published

1Opinion of the Court

CANADY, Judge.

Shannon Clark appeals his convictions for burglary and attempted burglary and his sentences as a prison releasee reoffen-der. We affirm Clark’s convictions but reverse his sentences as a prison releasee reoffender.

Clark challenges his convictions on the ground that the trial court erred in precluding his assertion of a necessity offense. Clark’s claim fails because he did not establish that there was any basis for a necessity defense. Clark claimed that he committed the offenses charged against him in an effort to elude law enforcement officers who were seeking to apprehend him…

2Cases cited5 opinions

  1. State v. HugginsSupreme Court of Florida · 2001
  2. United States v. Esther Cassidy, John SchuchardtCourt of Appeals for the Fourth Circuit · 1979
  3. West v. StateDistrict Court of Appeal of Florida · 2002
  4. Linnehan v. StateDistrict Court of Appeal of Florida · 1984
  5. Saunders v. StateDistrict Court of Appeal of Florida · 2002

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