EARL BUTLER
v.
STATE OF FLORIDA
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Rule 3.800(a) is not the proper procedural mechanism for raising claims of sentencing error under Apprendi v. New Jersey and its progeny.
[1] Rule 3.800(a) is not the proper procedural vehicle for raising sentencing error claims based on Apprendi v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 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 . . . .”
The court cited Maye v. State for the proposition that Rule 3.800(a) cannot be used to challenge sentencing decisions on Apprendi grounds.
Earl Butler appealed from a circuit court decision in a criminal case, raising a claim of error under Apprendi and related sentencing jurisprudence.…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2026-1881 Lower Tribunal No. 2012-CF-000971
EARL BUTLER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Highlands County. David V. Ward, Judge.
November 6, 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 KAMOUTSAS and PRATT, JJ., concur.
Earl Butler, Perry, pro se.
James Uthmeier, Attorney General, Tallahassee, and Cerese Crawford Taylor, Chief Assistant Attorney General, Tampa, for Appellee.