DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WILLIAM E. BYNES, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D2024-2711 [February 12, 2025] Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard K. Coates, Jr., Judge; L.T. Case No. 502001CF000912A.

William E. Bynes, Everglades, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Sustakoski v. State, 992 So. 2d 306 (Fla. 4th DCA 2008) (the requisite predicate convictions necessary to impose a violent career criminal sentence need not be submitted to a jury); see also Lee v. State, 383 So. 3d 816, 817 (Fla. 4th DCA 2024). 1 KLINGENSMITH, C.J., CONNER and FORST, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.

1 Similar to Lee, we acknowledge that appellant has argued the Court’s decision in Erlinger v. United States, 602 U.S. 821 (2024) may be dispositive in the instant case.