STEPHEN ANDREW MORETTO
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-09-25
No. 2025-1249
Branning, J., Wozniak, J., Brownlee, J., Kamoutsas, J.
2026 FL 12625 Florida District Court of Appeal, Sixth District (2026)

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Holding

Rule 3.800(a) is not the proper vehicle for raising Apprendi and Alleyne claims challenging judicial fact-finding that increases sentences.


Headnotes

[1] Rule 3.800(a) is not the proper procedural vehicle for raising claims of error under Apprendi v. …

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Key Quotes

“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).”

Florida Supreme Court's holding in Maye v. State, cited by the appellate court

Facts & Procedural History

Stephen Andrew Moretto appealed from a circuit court decision in Lee County, raising claims under Apprendi and its progeny regarding sentencing.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-1249 Lower Tribunal No. 2009-CF-018452

STEPHEN ANDREW MORETTO, Appellant,

V.

STATE OF FLORIDA, Appellee.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County. Robert Branning, Judge.

September 25, 2026

PER CURIAM.

AFFIRMED. See Maye v. State, 51 Fla. L. Weekly S116 (Fla. May 14, 2026), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 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).").

WOZNIAK, BROWNLEE and KAMOUTSAS, JJ., concur.

Stephen Andrew Moretto, Okeechobee, pro se.

James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.


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