NELSON CARABALLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Nelson Caraballo seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Caraballo argues that the trial court erred in assessing victim injury points for sexual battery without a jury finding that victim injury was proven beyond a reasonable doubt as required by Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). However, relief under Apprendi is limited to those defendants whose sentences were increased beyond the statutory maximum. Id. at 490, 120 S.Ct. 2348. In this case, the statutory maximum for sexual battery, a first-degree felony, is thirty years. § 775.082(3)(b), Fla. Stat. (1997). Because Caraballo’s twenty-three-year sentence does not exceed this statutory maximum, he is not entitled to relief under Apprendi.
Affirmed.
PARKER, A.C.J., and ALTENBERND and SALCINES, JJ., Concur.
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Sonny Ramey and Vicky Ramey v. Haverty Furniture Cos., Inc., 993 So. 2d 1014 (Fla. 2d DCA 2008)…s v. Cruise Ventures Three Corp., 974 So. 2d 418 (Fla. 3d DCA 2007); Hutchinson v. Plantation Bay Apartments, LLC, 931 So. 2d 957 (Fla. 1st DCA 2006); Distefano v. State Farm Mut. Auto. Ins. Co., 846 So. 2d 572 (Fla. 1st DCA 2003); Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2001); Baker v. Myers Tractor Servs., Inc., 765 So. 2d 149 (Fla. 1st DCA 2000); see also Metro. Dade County v. Martinsen, 736 So. 2d 794, 795 (Fla. 3d DCA 1999) (holding that trial court abused its discretion in failing to dismiss case…
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McCLOUD v. State, 803 So. 2d 821 (Fla. 5th DCA 2001)…n original). We agree with Judge Harris, however, that only the Supreme Court of the United States can say what “statutory maximum” means to them in the context of determinate sentencing schemes such as the one at issue here. In Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001), the Second District Court of Appeal recently considered the question whether the trial court erred in assessing victim injury points for sexual battery without a jury finding that victim injury was proven beyond a reasonable doub…
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Boardman v. State, 69 So. 3d 367 (Fla. 2d DCA 2011)…sentences based upon factual findings by a judge instead of a jury. We conclude that Mr. Boardman is not entitled to relief under Apprendi because his sentences did not exceed the statutory maximum for these offenses. See, e.g., Caraballo v. State, 805 So. 2d 882, 882 (Fla. 2d DCA 2001) (finding no error in imposing victim injury points that increased the defendant’s sentence because the sentence did not exceed the statutory maximum under section 775.082, Florida Statutes (1997)); McCloud v. State, 803 So. 2…
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- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)