DANIEL CHAPA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant challenges his sentence under the Prison Releasee Reoffender Act, arguing that, under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Alleyne v. United States, -U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), the Act unconstitutionally allowed the judge, rather than the jury, to find appellant qualified as a prison releas-ee reoffender. We affirm, adopting the reasoning of Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014), which hold that the facts found by the judge under the Act are not elements of the offense and are within the “prior conviction” exception to Apprendi.
Affirmed.
WARNER, MAY and GERBER, JJ., concur.
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State v. Auberino Lapiton Wilson, 203 So. 3d 192 (Fla. 4th DCA 2016)…has previously rejected the argument that, in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Alleyne, 133 S.Ct. 2151, a jury must make the requisite findings for PRR sentencing. See Chapa v. [*194] State, 159 So. 3d 361, 362 (Fla. 4th DCA 2015) (adopting reasoning of Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014)). Accordingly, we agree with the state and hold that the trial court erred in finding it co…
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Jamin Chavis v. State, 247 So. 3d 9 (Fla. 4th DCA 2018)…was released from prison within three years prior to the present case. He also argues the trial court erred in failing to cite the applicable county ordinance in the cost order. We disagree with him on both issues and affirm. Chapa v. State, 159 So. 3d 361 (Fla. 4th DCA 2015), is dispositive on the PRR issue. There, we held that it is unnecessary for a jury to make the requisite findings for a PRR sentence. Id. at 362. Here, the trial court found: “beyond a preponderance, probably beyond clear…
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ROD L. Bruce v. State (Fla. 4th DCA 2021)…unconstitutionally sentenced as a PRR because the predicate findings for PRR status were not charged in the information, submitted to a jury, and proven beyond a reasonable doubt. We affirm on this issue without further comment. See Chapa v. State, 159 So. 3d 361, 362 (Fla. 4th DCA 2015). Reversed and remanded. CIKLIN and KLINGENSMITH, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014)
- Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014)