Legal Opinion

Russell v. State

District Court of Appeal of Florida

Decided May 23, 1996No. 95-1477PublishedCited by 2 opinions

1Opinion of the Court

WEBSTER, Judge.

In this direct criminal appeal, appellant challenges his sentence as an habitual felony offender, contending that habitualization was eiTor because none of the federal felony convictions relied on by the trial court as predicate offenses was “substantially similar in elements and penalties to an offense in [Florida].” We conclude that appellant’s prior federal conviction for mail fraud is a conviction of an offense substantively indistinguishable from the Florida offenses of organized fraud and communications fraud. Accordingly, we affirm.

Appellant was charged in three counts…

2Cases cited3 opinions

  1. Pereira v. United StatesSupreme Court of the United States · 1954
  2. Batten v. StateDistrict Court of Appeal of Florida · 1991
  3. Atkinson v. StateDistrict Court of Appeal of Florida · 1993

3Cited by2 opinions

  1. Russell v. StateDistrict Court of Appeal of Florida · 1999
  2. Schmidt v. StateDistrict Court of Appeal of Florida · 1996

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