DEMETRIUS LAVELL PATTERSON
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-10-02
No. 2026-0853
Kraynick, J., Stargel, J., Smith, J., Kamoutsas, J.
2026 FL 13063 Florida District Court of Appeal, Sixth District (2026)

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Holding

Rule 3.800(a) is not the proper procedural mechanism for raising claims of sentencing error under Apprendi and its progeny.


Headnotes

[1] Rule 3.800(a) is not the proper procedural vehicle for raising claims of sentencing 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 . . . .”

The court cited Maye v. State for the proposition that Rule 3.800(a) cannot be used to challenge sentencing errors based on Apprendi.

Facts & Procedural History

Patterson appealed from a conviction and sentence imposed in Orange County Circuit Court in 2013.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

Case No. 6D2026-0853 Lower Tribunal No. 2013-CF-009843

DEMETRIUS LAVELL PATTERSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Orange County. Michael Kraynick, 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[1] and its progeny . . . ."), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 2026).

STARGEL, SMITH and KAMOUTSAS, JJ., concur.

Demetrius Lavell Patterson, Milton, pro se.

No Appearance for Appellee.


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