MARIO BABROW v. STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedOctober 6, 2022
Docket22-1456
StatusPublished

This text of MARIO BABROW v. STATE OF FLORIDA (MARIO BABROW 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.

Bluebook
MARIO BABROW v. STATE OF FLORIDA, (Fla. Ct. App. 2022).

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

MARIO BABROW, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D22-1456

[October 6, 2022]

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Kirk Volker, Judge; L.T. Case No. 502007CF014204AXXXMB.

Mario Babrow, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Chapa v. State, 159 So. 3d 361, 362 (Fla. 4th DCA 2015) (facts found by the judge under the Prison Releasee Reoffender Act are not elements of the offense and are within the “prior conviction” exception to Apprendi v. New Jersey, 530 U.S. 466 (2000)).

WARNER, FORST and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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Related

Apprendi v. New Jersey
530 U.S. 466 (Supreme Court, 2000)
Chapa v. State
159 So. 3d 361 (District Court of Appeal of Florida, 2015)

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Bluebook (online)
MARIO BABROW v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mario-babrow-v-state-of-florida-fladistctapp-2022.