FLOYD
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-04-08
No. 2023-0558
Everett, J., Lewis, J., Rowe, J., Nordby, J.
2026 FL 3865 Florida District Court of Appeal, First District (2026) Positive Treatment
Cited by 12 cases

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Holding

Any error in the trial court's sentencing determination was harmless beyond a reasonable doubt.

Headnotes

[1] Any error in failing to submit a sentencing determination to a jury is harmless beyond a reasonable doubt when the record supports the sentence imposed.

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Facts & Procedural History

Timothy Floyd was convicted and sentenced by the Circuit Court for Leon County. The appeal concerns the propriety of the sentencing determination.…

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Topics
Standard Of Appellate Review Harmless Error Doctrine Harmless Error

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

TIMOTHY FLOYD, Appellant,

V.

STATE OF FLORIDA, Appellee.

No. 1D2023-0558

On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.

April 8, 2026

PER CURIAM.

AFFIRMED. See Hugger v. State, 51 Fla. L. Weekly D169, D169, So. 3d ---, 2026 WL 215872 (Fla. 1st DCA Jan. 28, 2026) (“[A]ny error in not submitting the PRR determination to a jury was harmless beyond a reasonable doubt.”); McGlaun v. State, 420 So. 3d 634, 636 (Fla. 1st DCA 2025) (“Since any error here is harmless, Appellant's HFO sentence is affirmed."); Flowers v. State, 424 So. 3d 1062, 1063 (Fla. 1st DCA 2025) (affirming PRR sentence); Jett v. State, 426 So. 3d 596, 597 (Fla. 1st DCA 2025).

LEWIS, ROWE, and NORDBY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Jessica J. Yeary, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.

James Uthmeier, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Floyd v. State (Fla. 1st DCA 2026)
    …URIAM. AFFIRMED. See Hugger v. State, 51 Fla. L. Weekly D169, D169, So. 3d ---, 2026 WL 215872 (Fla. 1st DCA Jan. 28, 2026) (“[A]ny error in not submitting the PRR determination to a jury was harmless beyond a reasonable doubt.”); McGlaun v. State, 420 So. 3d 634, 636 (Fla. 1st DCA 2025) (“Since any error here is harmless, Appellant's HFO sentence is affirmed."); Flowers v. State, 424 So. 3d 1062, 1063 (Fla. 1st DCA 2025) (affirming PRR sentence); Jett v. State, 426 So. 3d 596, 597 (Fla. 1st DCA 2025). LEWI…
    1 / 3
  • Sanderson v. State (Fla. 1st DCA 2026)
    …nt a prison releasee reoffender); Jett v. State, 426 So. 3d 596, 597 (Fla. 1st DCA 2025) (“Based on the uncontroverted evidence, any error in not submitting the PRR determination to a jury was harmless beyond a reasonable doubt."); Flowers v. State, 424 So. 3d 1062, 1063 (Fla. 1st DCA 2025) (same). When a VFOSC probationer is alleged to have violated probation “other than a failure to pay costs, fines, or restitution," the court must "[m]ake written findings as to whether or not the violent felony offender of…
    1 / 2
  • Davis v. State (Fla. 2d DCA 2026)

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