VISHNU D. PERSAUD
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper vehicle for raising claims of error under Apprendi and its progeny, including Alleyne.
[1] Rule 3.800(a) is not the proper procedural vehicle for raising claims of sentencing error under Apprendi v. …
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Join FLexlaw to unlock all legal intelligence“rule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny, including Alleyne”
The court's holding regarding the proper procedural mechanism for Apprendi claims
Vishnu D. Persaud appealed a circuit court decision in a criminal case (LT Case No. 2008-CF-004618-A) from Marion County.…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-2198 LT Case No. 2008-CF-004618-A
VISHNU D. PERSAUD, Appellant,
v.
STATE OF FLORIDA, Appellee.
3.800 Appeal from the Circuit Court for Marion County. Barbara Kissner, Judge.
Vishnu D. Persaud, Perry, pro se.
James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
June 4, 2026
AFFIRMED. See Maye v. State, 51 Fla. L. Weekly S116, --- So. 3d ----, 2026 WL 1346031 (Fla. May 14, 2026) (holding “that rule 3.800(a) is not the proper vehicle for raising a claim of error under
Apprendi[1] and its progeny, including Alleyne[2] ('Apprendi claims')," and receding “from Plott v. State, 148 So. 3d 90 (Fla. 2014), and its contrary holding that an Apprendi claim is cognizable under rule 3.800(a)”).
MAKAR, EDWARDS, and MACIVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Plott v. State, 148 So. 3d 90 (Fla. 2014)