EARL BUTLER
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-09-18
No. 2025-3274
Ward, J., Traver, C.J., Nardella, J., Kamoutsas, J.
2026 FL 12293 Florida District Court of Appeal, Sixth District (2026)

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Holding

Rule 3.800(a) is not the proper procedural mechanism for raising claims of sentencing error under Apprendi and its progeny, including Alleyne.


Headnotes

[1] Rule 3.800(a) is not the proper procedural vehicle for raising a claim of sentencing error under Apprendi v. …

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Key Quotes

“[R]ule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny, including Alleyne.”

The court cited Maye v. State to support its affirmance of the trial court's decision.

Facts & Procedural History

Earl Butler appealed from a judgment in a criminal case in Highlands County Circuit Court. The appeal involved a challenge to sentencing based on Appr…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-3274 Lower Tribunal No. 2012-CF-000971-CFAXMX

EARL BUTLER, Appellant, v. STATE OF FLORIDA, Appellee.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Highlands County. David V. Ward, Judge.

September 18, 2026

PER CURIAM.

AFFIRMED. See Maye v. State, 51 Fla. L. Weekly S116 (Fla. May 14, 2026), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 2026) ("[R]ule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny, including Alleyne.").

TRAVER, C.J., and NARDELLA and KAMOUTSAS, JJ., concur.

Earl Butler, Perry, pro se.

James Uthmeier, Attorney General, Tallahassee, and Cerese Crawford Taylor, Chief Assistant Attorney General, Tampa, for Appellee.


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