Lopez v. State

KELLY, Judge.

Victor Lee Lopez appeals from his Prison Releasee Reoffender (PRR) sentence for felony battery with a weapon. See § 775.082(9)(a), Fla. Stat. (2010). He argues that under Alleyne v. United States, — U.S.-, 138 S.Ct. 2151, 186 L.Ed.2d 314 (2013), a judge may no longer determine whether a defendant’s release date from a state correctional facility subjects him or her to PRR sentencing based on a preponderance of evidence; rather, a jury must make such a finding beyond a reasonable doubt. In Alleyne, the Supreme Court held that any fact that increases the mandatory minimum sentence…