Domnique Lashay Wilkerson v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 25, 2025
• Docket: 5D2024-0939
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-0939 LT Case No. 2023-CF-008512-A _____________________________

DOMNIQUE LASHAY WILKERSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. London M. Kite, Judge.

Matthew J. Metz, Public Defender, and John M. Selden, Assistant Public Defender Chief, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.

July 25, 2025

PER CURIAM.

AFFIRMED. See Capra v. State, 403 So. 3d 1063, 1064 (Fla. 5th DCA 2025) (holding even if HVFO sentence was rendered in error, error is harmless); Jackson v. State, 410 So. 3d 4, 11 (Fla. 4th DCA 2025) (explaining harmless error inquiry is “whether the record demonstrates beyond a reasonable doubt that a rational jury would have found” defendant qualified as an HFO); see also Luton v. State, 934 So. 2d 7, 9 (Fla. 3d DCA 2006) (holding that because defendant made no timely objection to the trial court sitting as trier of fact on whether defendant qualified as an HVFO, the claim was not properly preserved for appellate review).

LAMBERT, HARRIS, and KILBANE, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________