TERRY
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-06-24
No. 2024-2401
Feagle, J., Osterhaus, C.J., Lewis, J., Winokur, J.
2026 FL 7712 Florida District Court of Appeal, First District (2026)

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Holding

The appellant's habitual felony offender sentence is affirmed because any error was harmless.


Headnotes

[1] Any error in imposing a habitual felony offender sentence may be deemed harmless when consistent with appellate precedent addressing the impact of Erlinger v. …

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Facts & Procedural History

Prescott Terry was convicted and sentenced as a habitual felony offender in Suwannee County Circuit Court.…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

PRESCOTT TERRY, Appellant,

v.

STATE OF FLORIDA, Appellee. No. 1D2024-2401

On appeal from the Circuit Court for Suwannee County. Mark E. Feagle, Judge.

June 24, 2026

PER CURIAM.

AFFIRMED. See McGlaun v. State, 420 So. 3d 634, 636 (Fla. 1st DCA 2025) (affirming the appellant's habitual felony offender sentence without deciding the impact, if any, of Erlinger v. United States, 602 U.S. 821 (2024), because any error was harmless); Avalos v. State, 419 So. 3d 299, 300 (Fla. 6th DCA 2025) (same); Jackson v. State, 410 So. 3d 4, 11 (Fla. 4th DCA 2025) (same).

OSTERHAUS, C.J., and LEWIS and WINOKUR, JJ., concur.


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