Florida District Courts of Appeal, 2015

Chapa v. State

Chapa v. State
Florida District Courts of Appeal · Decided March 11, 2015 · Gerber, Warner
159 So. 3d 361; 2015 Fla. App. LEXIS 3474; 2015 WL 1034429 (Southern Reporter, Third Series)

Chapa v. State

Opinion of the Court

PER 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 elements of the offense and are within the “prior conviction” exception to Apprendi.

Affirmed.

WARNER, MAY and GERBER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.