SCOTTIE MACK, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-05-18

No. 3D05-819

Before COPE, SHEPHERD and ROTHENBERG, JJ.

901 So. 2d 414 Florida District Court of Appeal, Third District (2005) Positive Treatment

Cited by 2 cases

Topics

Burglary Of An Occupied Dwelling Burglary Of An Unoccupied Dwelling Apprendi V. New Jersey Burglary Of A Dwelling

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Opinion of the Court

PER CURIAM.

Scottie Mack appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

We affirm the denial of the claim of defendant-appellant Mack under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The Ap-prendi decision does not apply to sentences under Florida’s prison releasee reoffender statute. See Gudinas v. State, 879 So. 2d 616, 618 (Fla.2004); Robinson v. State, 793 So. 2d 891, 892-93 (Fla.2001); McGregor v. State, 789 So. 2d 976, 977-78 (Fla.2001).

The defendant’s claim that his crime should have been classified as burglary of an unoccupied, rather than occupied, structure has already been decided against him in a previous motion under Florida Rule of Criminal Procedure 3.850, and is thus barred. Even if the issue were properly before us, the claim has no merit. See McAllister v. State, 859 So. 2d 611, 612 (Fla. 1st DCA 2003) (burglary of a garage which is attached to a house is burglary of a dwelling).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Ryland v. State (Fla. 3d DCA 2023)
Ryland v. State (Fla. 3d DCA 2023)

…y maximum must be submitted to a jury, and proved beyond a reasonable doubt.”) (emphasis added). This court, as well as the Florida Supreme Court, examined Apprendi and found the prison releasee reoffender statute constitutional. See Mack v. State, 901 So. 2d 414, 414 (Fla. 3d DCA 2005) (“The Apprendi 1 § 775.082(9), Fla. Stat. 2 Apprendi v. United States, 530 U.S. 466 (2000). 3 Alleyne v. United States, 570 U.S. 99 (2013). decision does not apply to sentences under Florida's prison releasee reoffender st…

Authorities Cited

Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
Warnell Robinson v. State, 793 So. 2d 891 (Fla. 2001)
Gudinas v. State, 879 So. 2d 616 (Fla. 2004)
State v. Brooks, 789 So. 2d 976 (Fla. 2001)
McGREGOR v. State, 789 So. 2d 976 (Fla. 2001)
McALLISTER v. State, 859 So. 2d 611 (Fla. 1st DCA 2003)

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