DWAYNE TREVELYN JOHNSON
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper procedural vehicle for raising a claim of error under Apprendi and its progeny.
[1] Rule 3.800(a) is not the proper procedural vehicle for raising a claim of sentencing error under Apprendi and its progeny.
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Join FLexlaw to unlock all legal intelligence“[R]ule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny....”
The court cited Maye v. State in support of its affirmance.
Dwayne Trevelyn Johnson appealed from a judgment in a criminal case from Collier County Circuit Court. The appeal involved a challenge to sentencing b…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1337 Lower Tribunal No. 2001-CF-000485
DWAYNE TREVELYN JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Collier County. Joseph G. Foster, 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....").
TRAVER, C.J., and BROWNLEE and KAMOUTSAS, JJ., concur.
Dwayne Trevelyn Johnson, Malone, pro se.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.