Ashley v. State

James Ashley appeals an order denying his motion to correct illegal sentence. We affirm.

We conclude that defendant-appellant Ashley qualifies as a habitual offender under the version of the statute in effect on the date of his crime, October 22, 1992. See § 775.084, Fla. Stat. (1991). For that version of the habitual offender statute, there was no sequential conviction requirement. State v. Barnes, 595 So.2d 22 (Fla.1992).

Defendant argues that the habitual offender findings had to be made by the jury on account of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).…