WALTER HERB FYLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2003-08-22
No. 5D03-2108
THOMPSON and TORPY, JJ., concur.
852 So. 2d 442 Florida District Court of Appeal, Fifth District (2003) Positive Treatment
Cited by 11 cases
Topics
Ring V. Arizona Apprendi V. New Jersey Successive Motions Illegal Sentence

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Opinion of the Court
SHARP, W., J.,

Fyler appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, for post- conviction relief. He claims his classification as a violent habitual offender resulted in an illegal sentence because the jury did not make findings. See generally, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). However, this court has held that an habitual offender classification based on a defendant’s prior criminal record does not require a jury determination pursuant to the holding in Apprendi. See Walker v. State, 790 So. 2d 1200 (Fla. 5th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001).

Taking judicial notice of our own records, we note that Fyler raised this same argument in a prior 3.850 motion.1 The fact that he is now relying on Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) makes no difference. We affirm this appeal not only because it lacks merit, but also because it is successive and thus improper. AFFIRMED.

THOMPSON and TORPY, JJ., concur. . Fyler v. State, 827 So. 2d 1012 (Fla. 5th DCA 2002).

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  • Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)
    …CA 2005); Grant v. State, 815 So. 2d 667, 668 n. 3 (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 quali…
  • Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005)
    …ons holding that Apprendi does not apply to a determination that a defendant has previous felony 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 cour…
  • Scheffer v. State, 893 So. 2d 698 (Fla. 5th DCA 2005)
    …the record showed that the court imposed a sentence of twenty-four months, which was the agreed sentence. This court can take judicial notice of its own records. See Sinclair v. State, 853 So. 2d 551, 552 n. 2 (Fla. 1st DCA 2003); Fyler v. State, 852 So. 2d 442, 443 (Fla. 5th DCA), review denied, 860 So. 2d 977 (Fla.2003). Our records contain a copy of Scheffer’s plea and sentencing transcript from the prior appeal. That transcript shows clearly that the trial court orally sentenced Scheffer to “two years.…

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