FLOWERS
v.
STATE OF FLORIDA
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Any error in having the judge rather than the jury make findings of fact establishing a prison releasee reoffender enhancement is harmless error.
[1] Any error in having the trial judge rather than the jury make findings of fact establishing a prison releasee reoffender enhancement is harmless error.
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Join FLexlaw to unlock all legal intelligenceBooker Flowers was convicted and sentenced with a prison releasee reoffender enhancement. On appeal, he challenged the enhancement on the ground that …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2024-0818 _____________________________
BOOKER FLOWERS,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.
December 17, 2025
PER CURIAM.
Appellant raises two issues on direct appeal from his judgment and sentence. We affirm as to the first issue without comment.
We also affirm as to the second issue, in which he argues that he must be resentenced without a prison releasee reoffender enhancement because the judge rather than the jury made the underlying findings of fact establishing he was subject to the enhancement. This argument is meritless because any error was harmless. See Sheffield v. State, No.1D2024-1587, 2025 WL 3288602, at *1 (Fla. 1st DCA Nov. 26, 2025) (affirming PRR sentence without deciding the impact, if any, of Erlinger v. United States, 602 U.S. 821 (2024), because any error was harmless);
AFFIRMED.
BILBREY, KELSEY, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Ross Scott Haine, II, Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Miranda Lee Butson, Assistant Attorney General, Tallahassee, for Appellee.
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Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Erester Markque Ashford v. State, 407 So. 3d 537 (Fla. 5th DCA 2025)
- Alonso v. State, 415 So. 3d 826 (Fla. 2d DCA 2025)