Legal Opinion

Chapa v. State

District Court of Appeal of Florida

Decided March 11, 2015No. 4D12-3138PublishedCited by 31 opinions

1Per curiam

Appellant challenges his sentence under the Prison Releasee Reoffender Act, arguing that, under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Alleyne v. United States, -U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), the Act unconstitutionally allowed the judge, rather than the jury, to find appellant qualified as a prison releas-ee reoffender. We affirm, adopting the reasoning of Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014), which hold that the facts found by the judge under the Act are not…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. Williams v. StateDistrict Court of Appeal of Florida · 2014
  4. Lopez v. StateDistrict Court of Appeal of Florida · 2014

3Cited by31 opinions

  1. JAMIN CHAVIS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Tobler v. StateDistrict Court of Appeal of Florida · 2018
  3. Kenson Louima v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. CALVIN SCOTT MCDONALD v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  5. Brown v. StateDistrict Court of Appeal of Florida · 2015

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