Kenyon v. State
On rehearing, the Fourth District explained its affirmance of a habitual felony offender (HFO) sentence for altering a firearm serial number, addressing appellant's claim under Erlinger v. United States that a jury—not the judge—must make the factual findings necessary to habitualize a defendant. The court assumed Erlinger error occurred but held it was harmless beyond a reasonable doubt because no rational jury would have found the qualifying facts differently, aligning with recent Fourth, Fifth, and Sixth DCA decisions. The court also declined to stay its mandate pending the Florida Supreme Court's review of Maye v. State on related HFO issues.
Key facts
- Kenyon was convicted of altering a firearm serial number and sentenced as a habitual felony offender (HFO) based on factual findings made by the trial judge rather than a jury.
- Kenyon appealed, arguing that under Erlinger v. United States, a jury—not a judge—must determine whether prior offenses were committed on separate occasions to support an HFO sentence.
- +1 more key fact with a free trial
Why it matters
This opinion is useful to practitioners litigating post-Erlinger challenges to Florida's habitual felony offender sentencing scheme, confirming the Fourth DCA's continued adherence to a harmless-error framework (rather… — full analysis with a trial
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