GERALD RAY HOFFMAN
v.
STATE OF FLORIDA
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Erlinger does not apply retroactively to cases that have become final, and arguments related to Apprendi are not cognizable under Rule 3.800(a).
[1] Erlinger v. …
[2] Arguments based on Apprendi v. …
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Join FLexlaw to unlock all legal intelligenceGerald Ray Hoffman, an inmate at Raiford, filed a Rule 3.800(a) motion in Marion County Circuit Court challenging his conviction on grounds related to…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-2803 LT Case No. 42-2006-CF-1659-A
GERALD RAY HOFFMAN, Appellant,
V.
STATE OF FLORIDA, Appellee.
3.800 Appeal from the Circuit Court for Marion County. Timothy Thomas McCourt, Judge.
Gerald Ray Hoffman, Raiford, pro se.
James Uthmeier, Attorney General, Tallahassee, and Samuel Perrone, Assistant Attorney General, Daytona Beach, for Appellee.
June 19, 2026
PER CURIAM.
AFFIRMED. See Maye v. State, 51 Fla. L. Weekly S116, No. SC2023-1184, 2026 WL 1346031, at *4 (Fla. May 14, 2026) (noting that Erlinger[1] does not apply retroactively to cases that have become final and that arguments related to Apprendi[2] are not cognizable under rule 3.800(a)); see also Galindez v. State, 955 So. 2d 517, 522 (Fla. 2007) (holding that the harmless error analysis to be applied to an Apprendi violation is whether the record demonstrates beyond a reasonable doubt that a rational jury would have found the fact absent the error).
JAY, C.J., and MAKAR and KILBANE, JJ., concur.