KATHERINE JANE SOUZA v. STATE OF FLORIDA

Appellant challenges the facial constitutionality of Section 948.06(8)(e)2., Florida Statutes (2016), as violative of Apprendi v. New Jersey, 630 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to the extent that it directs a judge, rather than a jury, to make a factual finding of dangerousness, which she .contends increases the minimum penalty for a crime. Because the right to trial by jury is not required in a revocation proceeding, and the court’s finding that the probationer is a danger to the community only prevents the court from again allowing probation, we hold that the statute is…