Christian Fresquet v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed the denial of Christian Fresquet's postconviction relief under Florida Rule of Appellate Procedure 9.141(b)(2). The court concluded that cited decisions concerning Apprendi, Blakely, and Erlinger did not support retroactive relief or vacatur of the appellant's sentence.

Holdings

1. The court affirmed the denial of post-conviction relief, applying precedent that Apprendi and Blakely do not apply retroactively to sentences or resentences that were final when those decisions issued, and that Erlinger did not support vacatur of the challenged sentences in the post-conviction context.
2. A sentencing-jury claim must be preserved before the sentencing hearing, and relief under Florida Rule of Criminal Procedure 3.800(a) is unavailable when resolving the claim requires an evidentiary determination or facts outside the face of the record.
3. Claims of error under Apprendi and Blakely are subject to harmless-error analysis.

Questions Presented

1. Whether the appellant was entitled to post-conviction relief based on the asserted retroactive application of constitutional sentencing rules discussed in Apprendi, Blakely, and Erlinger.
2. Whether the asserted sentencing error was preserved and cognizable under Florida Rule of Criminal Procedure 3.800(a).
3. Whether any claim of error under Apprendi or Blakely required harmless-error analysis.

Disposition

affirmed