PAGE
v.
STATE OF FLORIDA
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The appellate court affirmed most of the appellant's convictions and sentences but reversed one sentence for attempted second-degree murder because it exceeded the statutory maximum. The court also found that any alleged sentencing enhancement errors under Erlinger v. United States were harmless.
The court held that the life sentence for attempted second-degree murder was illegal as it exceeded the statutory maximum. The court further held that any alleged Erlinger errors regarding sentencing enhancements were harmless because Page did not challenge the sufficiency of the evidence supporting the enhancements at sentencing.
[1] Under Florida law, a trial court may make the factual findings necessary to designate a defendant as a prison releasee reoffender and impose enhanced sentences without re…
[2] Any error in a trial court's PRR designation is harmless when the defendant fails to contest his qualification for PRR status and raises no factual dispute regarding the…
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Join FLexlaw to unlock all legal intelligence“But the maximum punishment for that offense is thirty years in prison.”
Establishes the statutory limit for the offense of attempted second-degree murder.
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Join FLexlaw to unlock all legal intelligenceMatron Branquinton Page was convicted of several charges, including attempted second-degree murder. The trial court imposed a life sentence for attemp…
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NORTHCUTT, Judge.
Matron Branquinton Page appeals his convictions and sentences related to several charges arising from a drive-by shooting. We affirm all the convictions without comment. We also affirm all the sentences, save one. On count I, Page was given a life sentence for attempted seconddegree murder enhanced by the use of a firearm. But the maximum punishment for that offense is thirty years in prison. McLeod v. State, 52 So. 3d 784, 786 (Fla. 5th DCA 2010). Therefore, we reverse the sentence on that count and remand for imposition of a legal sentence.
We also address another of Page's challenges to that sentence. He maintains that the circuit court erroneously imposed prison releasee reoffender (PRR) and violent felony offender (VFO) sentencing enhancements without jury findings about the existence and character of Page's prior convictions and sentences. Page asserts that such findings are mandated by Erlinger v. United States, 602 U.S. 821 (2024).
However, this court and others have addressed Erlinger and determined that alleged errors of this type are subject to harmless error analysis. Flournoy v. State, 415 So. 3d 806, 808 (Fla. 2d DCA 2025); Avalos v. State, 419 So. 3d 299, 300 (Fla. 6th DCA 2025); Ashford v. State, 407 So. 3d 537, 537 (Fla. 5th DCA 2025). Florida courts have uniformly held that if an alleged error under Erlinger is harmless, there is no need to reach the merits of the argument or the applicability of Erlinger.1 Flournoy, 415 So. 3d at 808; Avalos, 419 So. 3d at 300; Ashford, 407 So. 3d at 537. That is the situation here.
At sentencing, the State detailed the prior convictions and sentences that established Page's eligibility for PRR and VFO sentencing, and it placed copies of the judgments and sentences before the court for its review. Page did not object to the State's evidence or challenge its sufficiency. See Avalos, 419 So. 3d at 300 (holding alleged Erlinger errors harmless when the defendant did not challenge the sufficiency of the evidence to support enhancement during sentencing). The record
We reverse Page's sentence on count I for attempted second-degree murder and direct the trial court to impose a lawful sentence. We affirm the judgment and sentences in all other respects.
Affirmed in part; reversed in part; remanded.
ROTHSTEIN-YOUAKIM, J., Concurs. ATKINSON, J., Concurs in result only.
Opinion subject to revision prior publication.
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Citator
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Davis v. State (Fla. 2d DCA 2026)
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Soto v. State (Fla. 4th DCA 2026)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Magneson v. State, 368 So. 3d 531 (Fla. 4th DCA 2024)
- Erester Markque Ashford v. State, 407 So. 3d 537 (Fla. 5th DCA 2025)
- Kaiser v. State (Fla. 6th DCA 2026)
- Page v. State (Fla. 2d DCA 2026)