Noel v. State

Yves Noel appeals an order summarily denying his rule 3.800(a) motion. He claims that his sentence for delivery of cocaine within 1000 feet of a school is illegal, because the jury failed to make an essential finding to support the increased punishment under section 893.13(l)(c)l. We affirm, as appellant is seeking a retroactive application of Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Following a jury trial, appellant was convicted of several offenses committed in May 1995, one of which was the first degree felony of delivery of cocaine within 1000 feet…