Babrow v. State

Full title: MARIO BABROW, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Oct 6, 2022

No. 4D22-1456 (Fla. Dist. Ct. App. Oct. 6, 2022)

Opinion

4D22-1456

10-06-2022

MARIO BABROW, Appellant, v. STATE OF FLORIDA, Appellee.

Mario Babrow, Indiantown, pro se. No appearance required for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

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.