Denson v. State
The Fifth DCA affirmed denial of Denson's 3.800(a) motion challenging his PRR sentence on Sixth Amendment/Apprendi grounds, holding it was bound by its prior decision in Simmons v. State that a judge, not a jury, may find the date-of-release fact for PRR purposes. The court reversed and remanded on a separate ground because the record did not conclusively refute Denson's claim that a mandatory minimum was illegally imposed on Count I. A lengthy special concurrence argues Simmons was wrongly decided in light of the Supreme Court's 2024 decision in Erlinger v. United States, which narrowed the 'prior conviction' exception to Apprendi/Alleyne, and notes that a related case (Maye) is pending review before the Florida Supreme Court.
Key facts
- Denson was convicted and sentenced; he filed a Rule 3.800(a) motion challenging his Prison Release Reoffender (PRR) sentence on Sixth Amendment and Apprendi grounds, arguing a jury rather than a judge should determine the date-of-release fact.
- The trial court denied the motion; Denson appealed to the Fifth District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
While technically a routine affirmance under binding precedent, this opinion is valuable because the specially concurring opinion methodically critiques the Simmons line of PRR/Apprendi cases in light of the Supreme… — full analysis with a trial
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