KHRIS TOBLER
v.
STATE
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The Prison Releasee Reoffender Act does not violate the Constitution by allowing a judge rather than a jury to determine whether a defendant qualifies as a prison releasee reoffender for sentencing purposes.
[1] The Prison Releasee Reoffender Act does not violate constitutional protections by vesting in the trial judge, rather than the jury, the authority to determine whether a d…
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Join FLexlaw to unlock all legal intelligenceKhris Tobler appealed a trial court judgment, arguing that the Prison Releasee Reoffender Act was unconstitutional because it permitted judicial rathe…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KHRIS TOBLER,
Appellant,
v. Case No. 5D18-80
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 6, 2018
3.800 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
Khris A. Tobler, Century, pro se.
No Appearance for Appellee.
PER CURIAM
AFFIRMED. We reject Appellant’s argument that the Prison Releasee Reoffender Act is unconstitutional because it allows the judge, rather than the jury, to determine whether a defendant qualifies as a prison releasee reoffender for sentencing purposes. See Chapa v. State, 159 So. 3d 361, 362 (Fla. 4th DCA 2015); Lopez v. State, 135 So. 3d 539, 540 (Fla. 2d DCA 2014).
COHEN, C.J., TORPY, and EDWARDS, JJ., concur.