IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CHARLES CULP, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D13-1808
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed July 21, 2014.
An appeal from the Circuit Court for Duval County.
Mallory D. Cooper, Judge.
Nancy A. Daniels, Public Defender, and Courtenay H. Miller, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Justin D. Chapman, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
The appellant, Charles Culp, raises two issues in this direct appeal of his
convictions and prison releasee reoffender (PRR) sentences. First, Culp argues
that the trial court committed fundamental error in allowing the admission of
collateral crimes evidence. We affirm this issue because no such evidence was
introduced. Second, Culp argues that his PRR sentence is unconstitutional under
Alleyne v. United States,
133 S. Ct. 2151 (2013), because the predicate facts for
the sentence were not alleged in the information or found by a jury. We affirm this
issue based upon Williams v. State, 39 Fla. L. Weekly D1336 (Fla. 1st DCA June
25, 2014), and Lopez v. State,
135 So. 3d 539 (Fla. 2d DCA 2014). See also
Almendarez-Torres v. United States,
523 U.S. 224, 228, 243 (1998) (explaining
that the charging document need not allege facts “relevant only to the sentencing of
an offender found guilty of the charged crime” and stating that “the Court said long
ago that a State need not allege a defendant’s prior conviction in the indictment or
information that alleges the elements of an underlying crime”) (emphasis in
original).
AFFIRMED.
LEWIS, C.J., WOLF, and WETHERELL, JJ., CONCUR.
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