LEE PAUL SAMBITO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Apprendi V. New Jersey cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s appeal of his habitual felony offender sentence. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not require findings beyond a reasonable doubt of the fact of a prior conviction. 120 S.Ct. at 2362-63. Appellant argues that Ap-prendi applies to finding necessity for ha-bitualization under section 775.084, Florida Statutes. The statute, however, does not require such a finding. It only requires a finding if the court concludes that habitual-ization is unnecessary where the other requirements of the statute are met. § 775.084(3)(a)6. That finding was not made here, and in any event would not be a fact which must be proved beyond a reasonable doubt. Apprendi, 120 S.Ct. at 2362-63 (distinguishing between facts in aggravation of punishment and facts in mitigation of punishment). Affirmed.
DELL, STONE and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kynyodda Deonne Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006)…ilure to timely seek such an appeal. Herein, without a timely notice of appeal or without the granting of a belated appeal, Jones’s convictions and sentences became final thirty days after being imposed on November 5, 2000. See Napolitano v. State, 782 So. 2d 1012 (Fla. 4th DCA 2001). Thus, Jones had until November 5, 2002 to file a motion for postconviction relief. The mere filing of a petition for belated appeal did not delay the rendition of these orders. Thus, the motion, filed on January 29, 2003, was un…
-
Steele v. State, 925 So. 2d 475 (Fla. 4th DCA 2006)…tion as untimely without ruling on the merits of appellant’s three claims. The appellant’s rule 3.850 motion was timely filed, as his judgment and sentence were not final until the thirty day period for filing an appeal expired. Napolitano v. State, 782 So. 2d 1012 (Fla. 4th DCA 2001); Caracciolo v. State, 564 So. 2d 1163 (Fla. 4th DCA 1990). Accordingly, the trial court’s denial of these claims is reversed and remanded for an evidentiary hearing or record attachments that conclusively show appellant is not en…
-
Terence M. Scott v. State, 925 So. 2d 1151 (Fla. 4th DCA 2006)…llant’s 3.850 motion as untimely without ruling on the merits of appellant’s claims or ordering a response from the state. A judgment and sentence do not become final until the thirty-day period for filing an appeal has expired. Napolitano v. State, 782 So. 2d 1012 (Fla. 4th DCA 2001); Caracciolo v. State, 564 So. 2d 1163 (Fla. 4th DCA 1990). Scott was sentenced on September 4, 2003, and his conviction became final on October 7, 2003. Thus, as the state correctly concedes, Scott’s post-conviction motion filed…
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)