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816 So. 2d 170

Ashley v. State

District Court of Appeal of Florida · decided 2002-05-01

Cited by 1 later decisions — most recently June 2005

1 state decisions

Key passage — most relied on by later courts

“[T]he Apprendi decision does not apply to the adjudication of a defendant as a habitual offender under the Florida habitual offender statute.”

quoted by 1 later decision, including Osborn v. State

Relies on Apprendi v. New Jersey · 595 So. 2d 22 - State v. Barnes · Saldo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-05-01

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PER CURIAM.

¶1James Ashley appeals an order denying his motion to correct illegal sentence. We affirm.

¶2We conclude that defendant-appellant Ashley qualifies as a habitual offender under the version of the statute in effect on the date of his crime, October 22, 1992. See § 775.084, Fla. Stat. (1991). For that version of the habitual offender statute, there was no sequential conviction requirement. State v. Barnes, 595 So.2d 22 (Fla.1992).

¶3Defendant argues that the habitual offender findings had to be made by the jury on account of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). For present purposes we need not address the defendant’s claim that Apprendiis retroactive. Assuming for purposes of discussion that it is retroactive, the Apprendidecision does not apply to the adjudication of a defendant as a habitual offender under the Florida habitual offender statute. Saldo v. State, 789 So.2d 1150 (Fla. 3d DCA 2001); Robbinson v. State, 784 So.2d 1246 (Fla. 3d DCA 2001).

¶4Affirmed.

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