The criminal complaint charged Price with obstructing an officer on May 14, 1998. All of these events occurred more than five years prior to the date of the obstructing charge alleged in the complaint. Price brought a motion before Judge Schroeder to strike the repeater allegation. Price later entered a no contest plea to the charge. Price appeals from the provision of the judgment which adjudges him a habitual criminal.
Price urges a narrow interpretation of the phrase while the State urges a broader interpretation.
Both parties are able to cite to cases that support their competing positions. This represents the broader sense of the terms. However, in appropriate cases, the terms will be given their stricter legal meaning if the statute or the law so requires. Thus, as in Guyton , a consecutive sentence imposed before the offender was placed in the prison setting was invalid. The State also cites to State ex rel.