The Third DCA affirmed a habitual violent felony offender sentence, holding that the trial court’s failure to submit prior-conviction findings to a jury under Erlinger v. United States was subject to harmless error review and was harmless where the record unambiguously established qualifying priors.
The Fourth DCA reversed a trial court’s order prohibiting further pro se filings, holding that successive Rule 3.800(a) motions are permitted under Florida law and that the defendant’s new Erlinger challenge to his PRR sentence had not been previously raised.
The Fourth DCA affirmed convictions for sexual battery of a child, holding that a six-person jury was proper where the death penalty was not legally available for the offense at the time it was committed, and rejecting the defendant’s Sixth and Fourteenth Amendment arguments for a twelve-person jury.