DERRICK W. TUGGERSON
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-07-09
No. 2026-0132
Scales, C.J., Fernandez, J., Bokor, J., Wolfson, J.
2026 FL 8643 Florida District Court of Appeal, Third District (2026)

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Holding

Apprendi claims are subject to harmless error review under Florida law.


Headnotes

[1] Apprendi claims challenging the constitutional validity of sentence enhancements are subject to harmless error review under Florida law.

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Key Quotes

“it is well established that Apprendi [v. New Jersey, 530 U.S. 466 (2000)] claims are subject to harmless error review under Florida law”

Court's explanation of applicable legal standard in affirming the judgment

Facts & Procedural History

Derrick W. Tuggerson appealed from a judgment entered in the Circuit Court for Miami-Dade County.…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed July 9, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D26-0132 Lower Tribunal No. F99-1869A

Derrick W. Tuggerson, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Andrea R. Wolfson, Judge.

Derrick W. Tuggerson, in proper person.

James Uthmeier, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCALES, C.J., and FERNANDEZ and BOKOR, JJ.

PER CURIAM.

Affirmed. Maye v. State, No. SC23-1184, 2026 WL 1346031, at *3 (Fla. May 14, 2026) (collecting cases and explaining that "it is well established that Apprendi [v. New Jersey, 530 U.S. 466 (2000)] claims are subject to harmless error review under Florida law").


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