BERNIER GERARD JACKSON
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper 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“Rule 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 for the proposition that Rule 3.800(a) cannot be used to challenge sentencing errors based on Apprendi.
Bernier Gerard Jackson appealed from a conviction in Orange County Circuit Court, raising a sentencing-related claim.…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-2150 Lower Tribunal No. 2012-CF-013345-A-O
BERNIER GERARD JACKSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Orange County. Barbara J. Leach, Judge.
October 2, 2026
PER CURIAM.
AFFIRMED. See Maye v. State, 436 So. 3d 416, 418 (Fla. 2026) ("[R]ule 3.800(a) is not the proper vehicle for raising a claim of error under Apprendi and its progeny . . . ."), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 2026). BROWNLEE, GANNAM and PRATT, JJ., concur. Bernier Gerard Jackson, Avon Park, pro se. James Uthmeier, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED