Isaac v. State, 1D01-3527.
| Decision Date | 23 July 2002 |
| Docket Number | No. 1D01-3527.,1D01-3527. |
| Citation | Isaac v. State, 826 So.2d 396 (Fla. App. 2002) |
| Parties | Lemuel E. ISAAC, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Anne C. Toolan, Assistant Attorney General, Tallahassee, for Appellee.
The trial court's denial of the appellant's motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(1) is AFFIRMED. The rule of Apprendi v. New Jersey, 530 U.S. 466. 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), does not apply when the sentence does not exceed the statutory maximum permitted by section 775.082, Florida Statutes. See Lee v. State, 808 So.2d 1274 (Fla. 3d DCA 2002); McCloud v. State, 803 So.2d 821 (Fla. 5th DCA 2001); Caraballo v. State, 805 So.2d 882 (Fla. 2d DCA 2001); Gilson v. State 795 So.2d 105 (Fla. 4th DCA 2001).
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6 cases
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Galindez v. State
...Florida Rules of Criminal Procedure 3.850 and 3.800(b) raising claims of Apprendi error. See Isaac, 911 So.2d at 814; Isaac v. State, 826 So.2d 396, 396 (Fla. 1st DCA 2002). In considering the circuit court's denial of Isaac's 3.850 motion, the First District stated that the "heart" of Isaa......
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State v. Fleming
...for each of Hall's offenses did not exceed the statutory maximum, we conclude that Apprendi is inapplicable.”); Isaac v. State, 826 So.2d 396 (Fla. 1st DCA 2002) (“The rule of [ Apprendi ] ... does not apply when the sentence does not exceed the statutory maximum permitted by section 775.08......
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Isaac v. State
...a departure sentence, and this Court affirmed his sentences on July 23, 2002; mandate issued on October 10, 2002. See Isaac v. State, 826 So.2d 396, 396 (Fla. 1st DCA 2002). While his appeal of the resentencing was pending in this Court, the appellant filed his initial rule 3.850 motion on ......
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Hughes v. State
...judge to assess points for any guidelines factor so long as the resulting sentence is within the statutory maximum. See Isaac v. State, 826 So.2d 396 (Fla. 1st DCA 2002). Indeed, although the curtailment of the sentencing judge's discretion is historically significant, this curtailment has ......
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