WILLIE R. WILSON
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper vehicle for raising Apprendi and Alleyne claims.
[1] Rule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny, including Alleyne.
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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 ('Apprendi claims').”
The court cited Maye v. State for the proposition that Rule 3.800(a) cannot be used to raise Apprendi claims, and receded from Plott v. State.
Willie R. Wilson appealed from a 1992 conviction in Polk County Circuit Court. The appeal involved a claim of error under Apprendi and its progeny.…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1068 Lower Tribunal No. 1992-CF-003701
WILLIE R. WILSON, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Catherine L. Combee, Judge.
September 18, 2026
PER CURIAM.
AFFIRMED. See Maye v. State, 51 Fla. L. Weekly S116, S116 (Fla. May 14, 2026) ("[R]ule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny, including Alleyne (‘Apprendi claims'). In so holding, we recede 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).").
WHITE, BROWNLEE and KAMOUTSAS, JJ., concur.
Dan Ripley, of Ripley Whisenhunt, PLLC, Pinellas Park, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.