CARLOS HERNANDEZ, PETITIONER,
v.
STATE OF FLORIDA AND KEN JENNE, SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENTS
CARLOS HERNANDEZ, PETITIONER,
STATE OF FLORIDA AND KEN JENNE, SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENTS
784 So. 2d 551
Florida District Court of Appeal, Fourth District (2001)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We deny Carlos Hernandez’s petition for writ of prohibition seeking disqualification of the trial judge, without prejudice to petitioner seeking such remedy as may be appropriate upon disposition of any motion for post-trial release. We direct the trial court’s attention to Florida Rule of Criminal Procedure 3.691(b), Younghans v. State, 90 So. 2d 308 (Fla.1956), and to Hayes v. State, 686 So. 2d 694 (Fla. 4th DCA), rev. dismissed, 691 So. 2d 1081 (Fla.1997), as well.
PROHIBITION DENIED.
DELL, GUNTHER and STONE, JJ., concur.
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Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)…4 (Fla. 5th DCA 2004); McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004); Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003); Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001); Soldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Dennis v. State, 784 So. 2d 551 (Fla. 4th DCA 2001); Gordon v. State, 787 So. 2d 892 (Fla. 4th DCA 2001). A defendant qualifies for sentencing under the four classifications of the habitual offender statute, section 775.084, if the trial court finds that the defendant has at leas…
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Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001)…proved beyond a reasonable doubt. Apprendi is inapplicable to the Prison Releasee Reoffender Act, because the Act merely limits the court’s discretion in sentencing. It does not increase the penalty beyond the statutory maximum. See Dennis v. State, 784 So. 2d 551 (Fla. 4th DCA 2001) (Apprendi does not apply to habitual felony offender statute); Kijewski v. State, 773 So. 2d 124 (Fla. 4th DCA 2000), rev. denied, No. SC01-187, 790 So. 2d 1105 (Fla. April 30, 2001) (Ap-prendi does not apply to the Prison Re-lea…
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Sustakoski v. State, 992 So. 2d 306 (Fla. 4th DCA 2008)…a habitual felony offender sentence”); Gudinas v. State, 879 So. 2d 616, 618 (Fla.2004) (habitual violent felony offender sentencing is “unaffected by Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]”); Dennis v. State, 784 So. 2d 551 (Fla. 4th DCA 2001) (Apprendi does not require [*309] that the requisite predicate convictions necessary to impose a violent career criminal sentence be proved to the jury beyond a reasonable doubt). Affirmed. STEVENSON and MAY, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Younghans v. State, 90 So. 2d 308 (Fla. 1956)
- Hayes v. State, 686 So. 2d 694 (Fla. 4th DCA 1996)