Courtney M. Moore v. The State of Florida

No. 3D23-1360 (Fla. 3d DCA Aug. 27, 2025) · Florida Third District Court of Appeal · August 27, 2025 · No. No. 3D23-1360

Summary

The Third District Court of Appeal of Florida affirmed Courtney M. Moore’s judgment, concluding that any potential error under Erlinger v. United States concerning jury determination of predicate offenses was harmless. The court relied on decisions finding harmless error where the defendant’s qualifying prior offenses and release dates were established in the record and not disputed.

Holdings

  1. The alleged error was harmless, and the judgment was affirmed.

Questions Presented

  1. Whether any alleged Erlinger-related error in determining predicate offenses for a sentencing enhancement was harmless.

Disposition

affirmed

Cases Cited (6)

  • Flournoy v. State, No. 2D2024-1491, 2025 WL 1819262, at *2 (Fla. 2d DCA July 2, 2025)(followed)
  • Jackson v. State, 410 So. 3d 4, 11 (Fla. 4th DCA 2025)(followed)
  • Plott v. State, 148 So. 3d 90, 94 (Fla. 2014)(followed)
  • Erlinger v. United States, 602 U.S. 821 (2024)(applied)
  • Apprendi v. New Jersey, 530 U.S. 466 (2000)(followed)
  • Blakely v. Washington, 542 U.S. 296 (2004)(followed)

Cited In (0)

No citing cases on record yet.

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