Legal Opinion

Fyler v. State

District Court of Appeal of Florida

Decided August 22, 2003No. 5D03-2108PublishedCited by 7 opinions

1Opinion of the Court

852 So.2d 442 (2003)

Walter Herb FYLER, Appellant,

v.

STATE of Florida, Appellee.

No. 5D03-2108.

District Court of Appeal of Florida, Fifth District.

August 22, 2003.

Walter Herb Fyler, Sneads, pro se.

No Appearance for Appellee.

SHARP, W., J.,

Fyler appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, for post-Pope conviction relief. He claims his classification as a violent habitual offender resulted in an illegal sentence because the jury did not make findings. See generally, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Ring v. ArizonaSupreme Court of the United States · 2002
  3. Wright v. StateDistrict Court of Appeal of Florida · 2001
  4. Walker v. StateDistrict Court of Appeal of Florida · 2001

3Cited by7 opinions

  1. Commonwealth v. AponteSupreme Court of Pennsylvania · 2004
  2. Calloway v. StateDistrict Court of Appeal of Florida · 2005
  3. Tillman v. StateDistrict Court of Appeal of Florida · 2005
  4. Scheffer v. StateDistrict Court of Appeal of Florida · 2005
  5. Anderson v. StateDistrict Court of Appeal of Florida · 2005

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