Isaac v. State, 1D01-3527.
| Citation | 826 So.2d 396 |
| Decision Date | 23 July 2002 |
| Docket Number | No. 1D01-3527.,1D01-3527. |
| Parties | Lemuel E. ISAAC, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
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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