BYRON CURRY
v.
STATE OF FLORIDA
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Any error in failing to submit habitual felony offender enhancement factors to a jury is harmless beyond a reasonable doubt when the record plainly establishes the defendant qualifies for enhancement.
[1] Any error in failing to submit habitual felony offender enhancement factors to a jury constitutes harmless error beyond a reasonable doubt when the record plainly and une…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An Erlinger error is harmless where the record demonstrates, beyond a reasonable doubt, that, had the enhancement issues been submitted to a jury, a rational jury would have found that the defendant qualified for an enhanced sentence under section 775.084.”
Madison v. State, cited for the harmless error standard applicable to enhancement factor submission errors
Byron Curry appealed a conviction from Miami-Dade County Circuit Court. The trial court apparently failed to submit habitual felony offender enhanceme…
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Third District Court of Appeal State of Florida
Opinion filed September 17, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D22-1337 Lower Tribunal No. F20-14561
Byron Curry, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz and Laura Gonzalez-Marques, Judges.
Daniel J. Tibbitt, P.A., and Daniel James Tibbitt, for appellant.
James Uthmeier, Attorney General, and Lourdes Bibiana Fernandez, Assistant Attorney General, for appellee.
Before MILLER, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Sanchez v. State, 435 So. 3d 1211, 1212 (Fla. 3d DCA 2026) ("In examining the record before the trial court, any error in failing to submit the habitual felony offender factors to a jury amounts to, at most, harmless error beyond a reasonable doubt.”); Alvarado-Balmaceda v. State, 435 So. 3d 1169, 1171 (Fla. 3d DCA 2026) (“Thus, based on the record before us, we conclude that any error in failing to submit the habitual violent felony offender factors to a jury was harmless beyond a reasonable doubt, and affirm."); Madison v. State, 433 So. 3d 514, 516 (Fla. 3d DCA 2026) (“An Erlinger error is harmless where the record demonstrates, beyond a reasonable doubt, that, had the enhancement issues been submitted to a jury, a rational jury would have found that the defendant qualified for an enhanced sentence under section 775.084. Indeed, if the record plainly and unequivocally establishes that the defendant qualifies for the enhancement, it is not necessary for the court to delve into the Erlinger constitutional issue, because any resulting error would be harmless beyond a reasonable doubt.") (internal citation omitted).
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