BENNY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-08-10
No. 1D01-0890
BARFIELD, WOLF and LEWIS, JJ., CONCUR.
791 So. 2d 580 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 54 cases
Topics
Apprendi V. New Jersey Habitual Felony Offender

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant seeks review of an order denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which raised two claims for relief. We affirm the summary denial of the second claim without discussion and write only to address the appellant’s first claim. In his first claim, the appellant relies on the reasoning set forth in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to argue that the enhancement statute under which he was sentenced is unconstitutional in that it im-permissibly removed from the jury the factual determination as to whether he qualified as a habitual felony offender by virtue of his prior felony convictions.

We agree with our sister courts that Apprendi does not apply to the enhancement of a penalty based on proof of prior criminal convictions, and therefore we affirm the denial of the appellant’s motion. See Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Gordon v. State, 787 So. 2d 892 (Fla. 4th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001); see also McDowell v. State, 789 So. 2d 956 (Fla.2001).

AFFIRMED.

BARFIELD, WOLF and LEWIS, JJ., CONCUR.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (54 total)

  • Baker v. State, 802 So. 2d 1173 (Fla. 1st DCA 2001)
    …PER CURIAM. AFFIRMED. See Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001). KAHN, PADOVANO, and POLSTON, JJ., concur.…
  • Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)
    …Fla. 2d DCA 2002); Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004); Frumenti v. State, 885 So. 2d 924 (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 o…
  • Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005)
    …ny convictions that qualify him for a habitual offender sentence. See Grant v. State, 815 So. 2d 667, 668 n. 3 (Fla. 2d DCA 2002); see also Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003), review denied, 860 So. 2d 977 (Fla.2003); Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001); Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Gordon v. State, 787 So. 2d 892 (Fla. 4th DCA 2001). Thus, we join our sister courts in determining that Blakely, also, does not require that a jury make factual determinations…

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