ALFONSO BERNARD MOORE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-12-05
No. 2024-1271
Salem, J., Lambert, J., Edwards, J., Kilbane, J.
2025 FL 11606 Florida District Court of Appeal, Fifth District (2025)

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Holding

Any error in having the judge determine the underlying facts for Habitual Violent Felony Offender designation under Florida Statutes section 775.084(1)(b) was harmless error.

Headnotes

[1] Any error in having a judge rather than a jury determine the underlying facts for Habitual Violent Felony Offender designation under Florida Statutes section 775.084(1)(b…

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Facts & Procedural History

Alfonso Bernard Moore was convicted and designated as a Habitual Violent Felony Offender. The trial judge, rather than a jury, determined the underlyi…

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Topics
Habitual Violent Felony Offender Direct Appeal Harmless Error Analysis Harmless Error

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-1271 LT Case No. 2022-CF-8673 _____________________________ ALFONSO BERNARD MOORE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County.

R. Anthony Salem, Judge.

Matthew J. Metz, Public Defender, and Ryan M. Belanger, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, and Miranda L. Butson, Assistant Attorney General, Tallahassee, for Appellee. December 5, 2025

PER CURIAM.

As to the first issue, regarding admission of evidence, that Alfonso Bernard Moore (“Appellant”) raises on direct appeal, we affirm without further discussion. As to his second issue, Appellant claims that having the judge rather than a jury determine the underlying facts of whether he qualified for designation and sentencing as a Habitual Violent Felony Offender

AFFIRMED.

LAMBERT, EDWARDS, and KILBANE, JJ., concur.

_____________________________

Footnotes
2 pursuant to section 775.084(1)(b), Florida Statutes, is contrary to Erlinger v. United States, 602 U.S. 821 (2024), and thus unconstitutional. We affirm on this issue because if there was any error regarding the application of Erlinger, the record before this Court demonstrates conclusively that it was harmless error. See Capra v. State, 403 So. 3d 1063, 1064 (Fla. 5th DCA 2025).

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