HULSAVER
v.
STATE OF FLORIDA
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A claim pursuant to Apprendi v. New Jersey or Erlinger v. United States cannot be preserved through a Florida Rule of Criminal Procedure 3.800(b) motion.
[1] A claim pursuant to Apprendi v. …
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Join FLexlaw to unlock all legal intelligenceJohn Michael Hulsaver appealed from a judgment entered by the Circuit Court for Madison County.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2025-0440
JOHN MICHAEL HULSAVER, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Madison County. Mark E. Feagle, Judge.
October 14, 2026
PER CURIAM.
AFFIRMED. See Shinault v. State, 51 Fla. L. Weekly D1390, D1391, So. 3d ---, ----, 2026 WL 1968382, at *2 (Fla. 1st DCA July 8, 2026) (holding that a claim pursuant to Apprendi v. New Jersey, 530 U.S. 466 (2000), or Erlinger v. United States, 602 U.S. 821 (2024), cannot be preserved through a Florida Rule of Criminal Procedure 3.800(b) motion).
OSTERHAUS, C.J., and ROBERTS and NORDBY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)