DANNY CRUZ
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-10-16
No. 2025-1675
Branning, J., Traver, C.J., Stargel, J., Gannam, J.
2026 FL 13982 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 v. New Jersey and its progeny.


Headnotes

[1] Rule 3.800(a) is not the proper procedural vehicle for raising a claim of sentencing error under Apprendi v. …

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Facts & Procedural History

Danny Cruz appealed from a circuit court decision in a criminal case, raising a claim of error under Apprendi and related sentencing principles.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-1675 Lower Tribunal No. 2013-CF-017607

DANNY CRUZ, Appellant, v. STATE OF FLORIDA, Appellee.

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

October 16, 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 [v. New Jersey, 530 U.S. 466 (2000),] and its progeny . . . ."), reh'g denied, No. SC2023-1184, 2026 WL 2243835 (Fla. Aug. 4, 2026).

TRAVER, C.J., and STARGEL and GANNAM, JJ., concur.

Danny Cruz, Lake City, pro se.

James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.


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