RICHARD REX CAPRA
v.
STATE OF FLORIDA
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Even if a habitual violent felony offender sentence was rendered in error following Erlinger v. United States, the error is harmless and does not require reversal.
[1] Errors in imposing a habitual violent felony offender sentence based on Apprendi or Blakely principles are subject to harmless error analysis and do not require reversal…
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Join FLexlaw to unlock all legal intelligenceRichard Rex Capra was convicted and sentenced as a habitual violent felony offender in Nassau County Circuit Court. He appealed arguing that Erlinger …
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-0090 LT Case No. 2022-CF-665 _____________________________
RICHARD REX CAPRA,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Nassau County. James Hunt Daniel, Judge.
Matthew J. Metz, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant.
John M. Guard, Acting Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee, for Appellee.
February 7, 2025
PER CURIAM.
Appellant, Richard Rex Capra, appeals his judgment and sentence arguing, inter alia, that the United States Supreme Court decision in Erlinger v. United States, 602 U.S. 821 (2024), has overruled this court’s decision in Simmons v. State, 332 So. 3d 1129 (Fla. 5th DCA 2022), and that his habitual violent felony offender (“HVFO”) sentence is unconstitutional. We reject this argument
AFFIRMED.
EISNAUGLE, BOATWRIGHT, and KILBANE, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
1 Apprendi v. New Jersey, 530 U.S. 466 (2000). 2 Blakely v. Washington, 542 U.S. 296 (2004).
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Washington v. Recuenco, 548 U.S. 212 (U.S. 2006)