Gideon v. State

District Court of Appeal of Florida

Gideon v. State

145 So. 3d 892, 2014 WL 3566538, 2014 Fla. App. LEXIS 11235

CourtDistrict Court of Appeal of Florida

DecidedJuly 21, 2014

DocketNo. 1D13-1173

StatusPublished

Cited by5 cases

This text of 145 So. 3d 892 (Gideon v. State) 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.

Bluebook

Gideon v. State, 145 So. 3d 892, 2014 WL 3566538, 2014 Fla. App. LEXIS 11235 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Terry Dewayne Gideon challenges his designation as a Prison Releasee Reoffen-der (PRR) and the resulting mandatory minimum sentence. We reject Gideon’s argument that eligibility for PRR sentencing is a fact which must be submitted to the jury. See Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014). As for the argument that eligibility for PRR sentencing is an element which must be alleged in the charging document, we find this argument to be without merit. See Almendarez-Toms v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998).

AFFIRMED.

VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.

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PER CURIAM.

Terry Dewayne Gideon challenges his designation as a Prison Releasee Reoffen-der (PRR) and the resulting mandatory minimum sentence. We reject Gideon’s argument that eligibility for PRR sentencing is a fact which must be submitted to the jury. See Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014). As for the argument that eligibility for PRR sentencing is an element which must be alleged in the charging document, we find this argument to be without merit. See Almendarez-Toms v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998).

AFFIRMED.

VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.

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Bluebook (online)

145 So. 3d 892, 2014 WL 3566538, 2014 Fla. App. LEXIS 11235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gideon-v-state-fladistctapp-2014.

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