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941 So. 2d 1263

Docket No. 1D05-1088.

Bell v. State

General Grant BELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 22, 2006.

District Court of Appeal of Florida · decided 2006-11-22

Cited by 2 later decisions — most recently October 2017

1 state decisions

Relies on Apprendi v. New Jersey · 879 So. 2d 616 - Gudinas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-11-22

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¶1Nancy A. Daniels, Public Defender, and Hunter P. Pfeiffer, Assistant Public Defender, Tallahassee, for Appellant.

¶2Charlie Crist, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4We summarily affirm all issues addressed by the lower court in its final order denying appellant's claims for relief under Florida Rule of Criminal Procedure 3.850. Because, however, the trial court did not address an additional claim alleged in appellant's supplemental motion, urging that the prison releasee reoffender statute is unconstitutional for the reason that it allows a sentence to be enhanced without factual findings by a jury, we remand the case to the trial court with directions for it to address the merits of that claim.[1]

¶5CASE REMANDED.

¶6ERVIN, BARFIELD, and POLSTON, JJ., Concur.

NOTES

¶7[1] As to this issue, we note that the Florida Supreme Court has held that Florida's Prison Releasee Reoffender Act does not violate the rule announced in Apprendi v. New Jersey,530 U.S. 466 (2000). See Gudinas v. State,879 So.2d 616, 618-19 (Fla. 2004).

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