EARL BUTLER
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper procedural mechanism for raising claims of sentencing error under Apprendi and its progeny, including Alleyne.
[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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Join FLexlaw to unlock all legal intelligence“[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.
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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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.