Ivere Lee Hugger, III v. State of Florida

Summary

The First District Court of Appeal of Florida affirmed Ivere Lee Hugger, III’s judgment and sentence for robbery while armed with a firearm. The court held that any Alleyne-related error in determining his prison releasee reoffender status without submitting the issue to a jury was harmless beyond a reasonable doubt because the record established his eligibility and defense counsel stipulated to it.

Holdings

1. Any error in failing to submit the prison releasee reoffender determination to a jury was harmless beyond a reasonable doubt because the certified records and defense stipulation established without contradiction that Hugger qualified for the enhancement.

Questions Presented

1. Whether the trial court committed an Alleyne violation by determining, rather than submitting to a jury, the fact that Hugger committed the robbery within three years of release from a prior term of imprisonment for purposes of the prison releasee reoffender sentencing enhancement.
2. Whether any such Alleyne error was harmless beyond a reasonable doubt.

Disposition

affirmed