JOHNNY M. FLOYD JR.
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-09-09
No. 2025-0986
Everett, J., Lewis, J., Ray, J., M.K. Thomas, J.
2026 FL 11652 Florida District Court of Appeal, First District (2026)

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Holding

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.


Headnotes

[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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Facts & Procedural History

Johnny M. Floyd Jr. appealed a sentencing decision from the Circuit Court for Leon County. The appeal involved claims related to Apprendi and Erlinger…

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Opinion of the Court

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.


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