SAMUEL L. NEWBY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction but remanded for correction of a scrivener's error in the judgment. The court rejected the appellant's contentions regarding the evidence used to establish his release date and the constitutionality of the PRR statute.
Appellant was found guilty by jury of burglary, resisting an officer, and petty theft. He was sentenced as a Prison Releasee Reoffender (PRR). The jud…
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TAYLOR, J.
Appellant, Samuel Newby, was found guilty by jury of burglary of a dwelling, resisting an officer without violence, and petty theft. He was sentenced to fifteen years in prison as a Prison Releas-ee Reoffender (PRR) on the burglary conviction. We affirm, rejecting appellant’s contention that the trial court erred in relying on a certified letter from the Department of Corrections to establish his release date under the PRR statute. See Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006); see also Corker v. State, 937 So. 2d 757 (Fla. 4th DCA 2006); Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006). As we did in the above-cited cases, we certify conflict with Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005).
We also reject appellant’s argument that the PRR statute is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See Kijewski v. State, 773 So. 2d 124 (Fla. 4th DCA 2000), rev. denied, 790 So. 2d 1105 (Fla.2001); accord McDowell v. State, 789 So. 2d 956, 957-58 (Fla.2001); Sheffield v. State, 794 So. 2d 592, 594-95 (Fla.2001); Parker v. State, 790 So. 2d 1033, 1035 (Fla.2001).
Because the judgment of conviction incorrectly reflects that appellant entered a plea to these charges, we remand for correction to reflect that he was tried by jury.. See Baker v. State, 925 So. 2d 484 (Fla. 4th DCA 2006); Browning v. State, 932 So. 2d 1150 (Fla. 2d DCA 2006); Quintero v. State, 939 So. 2d 333 (Fla. 4th DCA 2006).
Affirmed, but remanded to correct the scrivener’s error in the judgment.
STEVENSON, C.J., and STONE, J., concur.
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Newby v. State, 17 So. 3d 917 (Fla. 4th DCA 2009)…PER CURIAM. We reconsider on remand our opinion in Newby v. State, 945 So. 2d 636 (Fla. 4th DCA 2006), which was quashed by the Florida Supreme Court following its decision in Newby v. State, 7 So. 3d 518 (Fla. 2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So. 2d 952 (Fla.2008), to the fac…
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Newby v. State, 7 So. 3d 518 (Fla. 2009)…PER CURIAM. We have for review Newby v. State, 945 So. 2d 636 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla.2008), and certified conflict with the First Distr…
Authorities Cited (12 total)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)
- Kijewski v. State, 773 So. 2d 124 (Fla. 4th DCA 2000)
- McDOWELL v. State, 789 So. 2d 956 (Fla. 2001)
- Corker v. State, 937 So. 2d 757 (Fla. 4th DCA 2006)
- Parker v. State, 790 So. 2d 1033 (Fla. 2001)
- Sheffield v. State, 794 So. 2d 592 (Fla. 2001)
- Quintero v. State, 939 So. 2d 333 (Fla. 4th DCA 2006)
- Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006)