Frank Heinz v. State of Florida
This text of Frank Heinz v. State of Florida (Frank Heinz v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1120 Lower Tribunal No. F90-45486A ________________
Frank Heinz, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Zachary James, Judge.
Frank Heinz, in proper person.
James Uthmeier, Attorney General, for appellee.
Before EMAS, MILLER, and BOKOR, JJ.
MILLER, J. Frank Heinz seeks review of an order denying his motion to correct an
illegal sentence filed pursuant to Florida Rule of Civil Procedure 3.800.
Distilled to its essence, his claim below rested upon the retroactive
application of Apprendi 1 and its progeny, including Erlinger. 2 Having
reviewed the trial court’s thorough and well-reasoned order, we agree the
claim fails, at a minimum, on preservation grounds. We therefore decline to
address the other substantive arguments raised below and in this
proceeding.
Affirmed.
1 Apprendi v. New Jersey, 530 U.S. 466 (2000). 2 Erlinger v. United States, 602 U.S. 821 (2024).
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