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Caraballo v. State

District Court of Appeal of Florida, Second District
Sep 26, 2001
805 So. 2d 882 (Fla. Dist. Ct. App. 2001)

Summary

holding that because the defendant's sentence did not exceed the statutory maximum, the defendant was not entitled to postconviction relief under Apprendi

Summary of this case from Altman v. State

Opinion

No. 2D01-3281

Opinion filed September 26, 2001. Rehearing Denied October 31, 2001.

Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Hillsborough County; Rex M. Barbas, Judge.


Nelson Caraballo seeks review of the trial court's order summarily denying his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Caraballo argues that the trial court erred in assessing victim injury points for sexual battery without a jury finding that victim injury was proven beyond a reasonable doubt as required by Apprendi v. New Jersey, 530 U.S. 466 (2000). However, relief under Apprendi is limited to those defendants whose sentences were increased beyond the statutory maximum. Id. at 490. In this case, the statutory maximum for sexual battery, a first-degree felony, is thirty years. § 775.082(3)(b), Fla. Stat. (1997). Because Caraballo's twenty-three-year sentence does not exceed this statutory maximum, he is not entitled to relief under Apprendi.

Affirmed.

PARKER, A.C.J., and ALTENBERND and SALCINES, JJ., Concur.


Summaries of

Caraballo v. State

District Court of Appeal of Florida, Second District
Sep 26, 2001
805 So. 2d 882 (Fla. Dist. Ct. App. 2001)

holding that because the defendant's sentence did not exceed the statutory maximum, the defendant was not entitled to postconviction relief under Apprendi

Summary of this case from Altman v. State

finding no error in imposing victim injury points that increased the defendant's sentence because the sentence did not exceed the statutory maximum under section 775.082, Florida Statutes

Summary of this case from Boardman v. State
Case details for

Caraballo v. State

Case Details

Full title:NELSON CARABALLO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 26, 2001

Citations

805 So. 2d 882 (Fla. Dist. Ct. App. 2001)

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