CHARLES CULP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant, Charles Culp, raises two issues in this direct appeal of his convictions and prison releasee reoffender (PRR) sentences. First, Culp argues that the trial court committed fundamental error in allowing the admission of collateral crimes evidence. We affirm this issue because no such evidence was introduced. Second, Culp argues that his PRR sentence is unconstitutional under Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), because the predicate facts for the sentence were not alleged in the information or found by a jury. We affirm this issue based upon Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014). See also Almendarez-Torres v. United States, 523 U.S. 224, 228, 243, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (explaining that the charging document need not allege facts “relevant only to the sentencing of an offender found guilty of the charged crime” and stating that “the Court said long ago that a State need not allege a defendant’s prior conviction in the indictment or information that alleges the elements of an underlying crime”) (emphasis in original).
AFFIRMED.
LEWIS, C.J., WOLF, and WETHERELL, JJ., concur.
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Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015)…Almendarez-Tor-res undisturbed, and we are bound to follow Almendarez-Torres as binding precedent.”). Likewise, the cases rejecting Apprendi/Alleyne challenges to recidivism statutes remain good law. See St. Louis, 985 So. 2d at 18; Culp v. State, 141 So. 3d 1279 (Fla. 1st DCA 2014); Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014); Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014). Appellant’s habitual offender sentence did not violate Apprendi or Alleyne. Under current precedent, the existence of app…
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Bell v. Battaglia, 332 So. 3d 1094 (Fla. 2d DCA 2022)
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Sydric Revon Reynolds v. State, 268 So. 3d 117 (Fla. 2d DCA 2019)…53 (Fla. 2d DCA 2014); Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005); Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005); Martin v. State, 888 So. 2d 661 (Fla. 2d DCA 2004); Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015); Culp v. State, 141 So. 3d 1279 (Fla. 1st DCA 2014); Dinkens v. State, 976 So. 2d 660 (Fla. 1st DCA 2008); Luton v. State, 934 So. 2d 7 (Fla. 3d DCA 2006). KELLY, VILLANTI, and BADALAMENTI,JJ., Concur.…
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- Almendarez-Torres v. United States, 523 U.S. 224 (U.S. 1998)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014)
- Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014)