Hulsaver v. State — First District affirmed because a Rule 3.800(b) motion did not preserve the sentencing claim

Case
John Michael Hulsaver v. State of Florida
Court
Florida First District Court of Appeal
Judge
Osterhaus, C.J.; Roberts, J.; Nordby, J.
Date Decided
October 14, 2026
Docket No.
1D2025-0440
Topics
Criminal Appeals; Sentencing; Issue Preservation
Source
Read the full opinion

Background

John Michael Hulsaver appealed from the Circuit Court for Madison County, where Circuit Judge Mark E. Feagle presided.

The appeal involved a claim under Apprendi v. New Jersey or Erlinger v. United States. The First District’s brief opinion addressed whether such a claim could be preserved for appellate review through a motion under Florida Rule of Criminal Procedure 3.800(b).

The Court’s Holding

The First District Court of Appeal affirmed the circuit court’s judgment in a per curiam opinion.

Citing Shinault v. State, the court held that an Apprendi or Erlinger claim cannot be preserved through a Rule 3.800(b) motion. The opinion provided no additional analysis.

Key Takeaways

  • A Florida Rule of Criminal Procedure 3.800(b) motion does not preserve a claim under Apprendi or Erlinger.
  • The First District relied on its 2026 decision in Shinault v. State.
  • The court affirmed without separately discussing the merits of Hulsaver’s constitutional claim.

Why It Matters

The decision reinforces the First District’s rule that defendants cannot rely on a Rule 3.800(b) motion to preserve Apprendi– or Erlinger-based sentencing issues. Counsel must therefore preserve such claims through an appropriate objection outside that post-sentencing procedure.

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