ERESTER MARKQUE ASHFORD
v.
STATE OF FLORIDA
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Erester Markque Ashford was convicted of attempted carjacking, burglary of a conveyance, and assault, and sentenced to fifteen years in prison after being designated a prison releasee reoffender. Ashford appealed arguing that under the recent Supreme Court decision in Erlinger v. United States, a jury rather than the trial judge must determine whether statutory requirements for prison releasee reoffender designation are met. The court affirmed the conviction and sentence, rejecting Ashford's Erlinger-based constitutional challenge.
The court affirmed Ashford's conviction and sentence, rejecting his constitutional challenge based on Erlinger. The court found that even assuming arguendo any error occurred, such error would be harmless.
[1] Any error in a trial judge's determination of prison releasee reoffender status, if required to be made by a jury under Erlinger v. …
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Join FLexlaw to unlock all legal intelligenceAshford was convicted of attempted carjacking, burglary of a conveyance, and assault. The trial court designated Ashford a prison releasee reoffender …
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March 7, 2025 SOUD, J.
Appellant Erester Markque Ashford was convicted of attempted carjacking, burglary of a conveyance, and assault (a lesser-included offense of the attempted carjacking charged in count III of the information). The trial court designated him a prison releasee reoffender pursuant to section 775.082(9), Florida Statutes (2021), and sentenced him to fifteen years in the Florida state prison system. Ashford appeals his judgment and sentence arguing, inter alia, that based on the recent United States Supreme Court decision in Erlinger v. United States, 602 U.S. 821 (2024), his sentence is unconstitutional because a jury—not the trial judge—was required to decide whether Ashford met the statutory requirements of a prison releasee reoffender. We affirm in all respects and reject Ashford’s arguments based on Erlinger. While we do not reach the merits of his arguments as to Erlinger’s impact, if any, upon existing Florida Statutes and caselaw,* even if, arguendo, any error occurred here, such an error would be harmless. See Capra v. State, 50 Fla. L. Weekly D332 (Fla. 5th DCA Feb. 7, 2025) (quoting Britten v. State, 181 So. 3d 1215, 1218 (Fla. 1st DCA 2015)).
AFFIRMED.
It is so ordered.
MACIVER and PRATT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ * The Florida Supreme Court has accepted jurisdiction in Maye v. State, SC2023–1184, which presents substantially similar issue(s) resulting from Erlinger.
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Citator
Cited By (12 total)
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Page v. State (Fla. 2d DCA 2026)
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Relford v. State (Fla. 1st DCA 2025)
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Combs v. State (Fla. 6th DCA 2026)…l under Erlinger because a jury was supposed to engage in fact-finding regarding his previous convictions. Assuming Erlinger applies, any error in this case is harmless. See Avalos v. State, 419 So. 3d 299, 300 (Fla. 6th DCA 2025); Ashford v. State, 407 So. 3d 537, 537 (Fla. 5th DCA 2025); Capra v. State, 403 So. 3d 1063, 1064 (Fla. 5th DCA 2025). Similar to Avalos, Appellant is not challenging the “sufficiency or the weight of the evidence adduced by the State, or otherwise alleg[ing] any prejudice." 419 So.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Corderro Ryan Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015)