DocketNumber： 2D01-3281
Citation Numbers： 805 So. 2d 882, 2001 WL 1130424
Judges： Per Curiam
Filed Date： 9/26/2001
Status： Precedential
Modified Date： 3/3/2016
District Court of Appeal of Florida, Second District.
PER CURIAM.
Nelson Caraballo seeks review of the trial court's order summarily denying his motion for postconviction 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, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000). However, relief under Apprendi is limited to those defendants whose sentences were increased beyond the statutory maximum. Id. at 490, 120 S. Ct. 2348. 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.
Apprendi v. New Jersey , 120 S. Ct. 2348 ( 2000 )
Boardman v. State , 2011 Fla. App. LEXIS 14229 ( 2011 )
Isaac v. State , 826 So. 2d 396 ( 2002 )
Hindenach v. State , 807 So. 2d 739 ( 2002 )
Long v. Swofford , 805 So. 2d 882 ( 2001 )
Hughes v. State , 933 So. 2d 1285 ( 2006 )
Ey v. State , 884 So. 2d 376 ( 2004 )
Altman v. State , 852 So. 2d 870 ( 2003 )
Tschida v. State , 942 So. 2d 921 ( 2006 )
Thompson v. State , 949 So. 2d 1169 ( 2007 )
Gonsalves v. State , 830 So. 2d 265 ( 2002 )