3D2025-0258
The Third DCA declined to recede from Foulks v. State, reaffirming that the State may seek a PRR sentence upon revocation of probation—even after waiving PRR sentencing in the original plea agreement—if the State proves the defendant qualified as a PRR at the time of the original sentencing. The court also declined to reach the merits of Duggans' argument, under Erlinger v. United States, that judicial (rather than jury) factfinding on PRR eligibility violates the Sixth and Fourteenth Amendments, instead affirming on the ground that any such error was harmless beyond a reasonable doubt based on the record.
Key facts
- Defendant was convicted and sentenced, with the State waiving Possession of Firearm by a Felon (PFP) sentencing in a negotiated plea agreement.
- Upon revocation of defendant's probation, the State sought to impose a PFP sentence despite the earlier waiver in the plea agreement.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners on two fronts: it reaffirms the Foulks rule allowing PRR sentencing after probation revocation despite an earlier plea waiver, and it catalogs the emerging Florida appellate… — full analysis with a trial
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