WILLIAM E. SCHILDGEN
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-10-09
No. 2025-0607
Kyle, J., Nardella, J., White, J., Gannam, J.
2026 FL 13560 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 error under Apprendi and its progeny.


Headnotes

[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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Facts & Procedural History

William E. Schildgen appealed from a criminal conviction and sentence imposed by the Circuit Court for Lee County.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-0607 Lower Tribunal No. 2019-CF-14374

WILLIAM E. SCHILDGEN,

Appellant, v.

STATE OF FLORIDA,

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

October 9, 2026

PER CURIAM. AFFIRMED. See Maye v. State, 436 So. 3d 416, 418 (Fla. 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. . . .”). NARDELLA, WHITE and GANNAM, JJ., concur. William E. Schildgen, Blountstown, pro se. James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED


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