WRIGHT v. STATE

No. 5D00-3501.

780 So.2d 216 (2001)

Donald Eugene WRIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 8, 2001.


Attorney(s) appearing for the Case

Donald Eugene Wright, Daytona Beach, pro se.

No Appearance for Appellee.


PLEUS, J.

Donald Eugene Wright appeals the summary denial of his Rule 3.800(a) motion in which he claimed that the habitual felony offender statute, section 775.084, Florida Statutes (1993), is unconstitutional because it allows a defendant's punishment to be increased based on findings of fact made by a judge, rather than by a jury. We affirm.

Defendant relies on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348,...

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