JOHNNY M. FLOYD JR.
v.
STATE OF FLORIDA
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A claim pursuant to Apprendi v. New Jersey or Erlinger v. United States cannot be preserved through a Florida Rule of Criminal Procedure 3.800(b) motion, and even if preserved, a designation as a violent felony offender of special concern does not require any jury findings.
[1] A claim pursuant to Apprendi v. …
[2] A designation as a violent felony offender of special concern does not require any jury findings beyond those necessary to establish the underlying conviction.
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Join FLexlaw to unlock all legal intelligenceJohnny M. Floyd Jr. appealed a sentencing decision from the Circuit Court for Leon County. The appeal involved claims related to Apprendi and Erlinger…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
JOHNNY M. FLOYD JR., Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 1D2025-0986
On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.
September 9, 2026
PER CURIAM.
AFFIRMED. See Shinault v. State, No. 1D2024-2304, 2026 WL 1968382, at **1–2 (Fla. 1st DCA July 8, 2026) (holding that a claim pursuant to Apprendi v. New Jersey, 530 U.S. 466 (2000), or Erlinger v. United States, 602 U.S. 821 (2024), cannot be preserved through a Florida Rule of Criminal Procedure 3.800(b) motion, and that even if the appellant's claim had been preserved during sentencing, her designation as a violent felony offender of special concern did not require any jury findings).
LEWIS, RAY, and M.K. THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)