THOMAS CREWS
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.
[1] Rule 3.800(a) is not the proper vehicle for raising claims of 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 ('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).”
Court's statement of the controlling legal principle from Maye v. State
Thomas Crews appealed from a conviction in Collier County Circuit Court. The appeal involved a challenge to the trial court's decision regarding the p…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1085 Lower Tribunal No. 2014-CF-001705
THOMAS CREWS, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Collier County. John McGowan, Judge.
September 18, 2026
PER CURIAM.
AFFIRMED. See Maye v. State, 51 Fla. L. Weekly 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).").
NARDELLA, SMITH and BROWNLEE, concur.
Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.