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SAMBITO v. STATE

No. 4D98-3950.

782 So.2d 1012 (2001)

Lee Paul SAMBITO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2001.

Attorney(s) appearing for the Case

Marcia J. Silvers of Dunlap & Silvers, P.A., Miami, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Thomas C. Mielke, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

We affirm appellant's appeal of his habitual felony offender sentence. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not require findings beyond a reasonable doubt of the fact of a prior conviction. 120 S.Ct. at 2362-63. Appellant argues that Apprendi applies to finding necessity for habitualization under section 775.084, Florida Statutes. The statute, however, does not require...

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