KEITH ALAN ERSKINE
v.
STATE OF FLORIDA
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Apprendi-type claims are not properly raised in a Florida Rule of Criminal Procedure 3.800(a) motion, and any retroactivity analysis does not support relief.
[1] Apprendi-type claims challenging the constitutional validity of sentencing enhancements are not properly raised in a Florida Rule of Criminal Procedure 3.800(a) motion.
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Join FLexlaw to unlock all legal intelligenceKeith Alan Erskine appealed from a circuit court decision in a criminal case from Polk County. The appeal involved a challenge to a conviction or sent…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-0473 Lower Tribunal No. 2002-CF-001999
KEITH ALAN ERSKINE, Appellant,
v.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Michelle O. Pincket, Judge.
September 4, 2026
PER CURIAM.
AFFIRMED. See Wainwright v. State, 411 So. 3d 392, 400 (Fla. 2025) ("Erlinger is not a development of fundamental significance under our existing retroactivity test."), cert. denied sub nom. 145 S. Ct. 2789 (2025); Maye v. State, 51 Fla. L. Weekly S116, *4 (Fla. May 14, 2026) (holding that Apprendi-type claims are no longer properly raised in a Florida Rule of Criminal Procedure 3.800(a) motion), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 2026).
STARGEL, WOZNIAK and SMITH, JJ., concur.
Keith Alan Erskine, Cross City, pro se.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.