WILLIAM REESE
v.
STATE OF FLORIDA
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William Reese appealed his sentence, arguing it was unconstitutional under the Supreme Court's recent decision in Erlinger v. United States. The Florida District Court of Appeal affirmed the sentence without deciding Erlinger's impact, finding any error would be harmless.
The sentence is affirmed. The court did not decide whether Erlinger applies to this case, but determined that even if it does, any error would be harmless.
“We affirm without deciding Erlinger's impact . . . because, even assuming Erlinger applies, any error in this case is harmless.”
The court's holding that the sentence is upheld despite the constitutional challenge, using harmless error analysis.
The opinion does not provide detailed facts about the case, focusing instead on a sentencing issue and constitutional challenge.…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case Nos. 6D2023-3361, 6D2023-3908 CONSOLIDATED Lower Tribunal Nos. 21-CF-016148 and 21-CF-001510
WILLIAM REESE, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Lee County. Nicholas Thompson, Judge.
December 23, 2025
PER CURIAM.
AFFIRMED. See *Avalos v. State*, 419 So. 3d 299 (Fla. 6th DCA 2025) ("[*Avalos*] argues his sentence . . . is unconstitutional under the United States Supreme Court's recent decision in *Erlinger v. United States*, 602 U.S. 821 (2024). We affirm without deciding *Erlinger*'s impact . . . because, even assuming *Erlinger* applies, any error in this case is harmless.").
NARDELLA, WOZNIAK and BROWNLEE, JJ., concur. Blair Allen, Public Defender, and Kimberly Nolen Hopkins, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Alicia M. Winterkorn, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Kaiser v. State (Fla. 6th DCA 2026)