WESLEY THOMAS GRACE
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper procedural mechanism for raising claims of error under Apprendi and its progeny.
[1] Rule 3.800(a) is not the proper procedural vehicle for raising claims 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 . . . .”
Court's citation to Maye v. State in affirming the trial court's decision
Wesley Thomas Grace appealed from a conviction in Polk County Circuit Court. The appeal involved a challenge to sentencing based on Apprendi principle…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2026-0325 Lower Tribunal No. 2016-CF-005205 WESLEY THOMAS GRACE, Appellant, v.
STATE OF FLORIDA, Appellee. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Cassandra L. Denmark, Judge.
September 25, 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 . . . ."). STARGEL, WOZNIAK and PRATT, JJ., concur. Wesley Thomas Grace, Okeechobee, pro se. James Uthmeier, Attorney General, Tallahassee, and Cerese Crawford Taylor, Chief Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED