Clarke v. State

We withdraw our opinion filed on September 20, 2006 and replace it with this opinion.

Appellant was convicted of kidnapping and aggravated assault. The only issue he raises which has merit is whether Bahamian convictions were qualifying offenses for a habitual offender sentence. The state did not establish that the three Bahamian crimes, 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, as is required by section 775.084(l)(e), Florida Statutes (2003).

Appellant argues that, on remand, the…