McGlaun v. State
Appellant challenged his habitual felony offender (HFO) sentence, arguing under Erlinger v. United States (2024) that a jury, not the judge, must find the predicate facts supporting HFO enhancement beyond a reasonable doubt. The First DCA, following the Sixth District's approach in Avalos, declined to decide whether Erlinger applies to Florida's section 775.084 HFO scheme, instead affirming on harmless-error grounds because Appellant never contested the qualifying facts at sentencing.
Key facts
- McGlaun was sentenced as a habitual felony offender (HFO) under Florida's section 775.084, enhancing his sentence based on predicate felony convictions.
- McGlaun appealed, arguing that under Erlinger v. United States (2024), a jury—not a judge—must find the predicate facts supporting HFO enhancement beyond a reasonable doubt.
- +2 more key facts with a free trial
Why it matters
This opinion is part of a growing wave of Florida appellate decisions addressing whether Erlinger v. United States requires jury findings for HFO sentencing enhancements under section 775.084, an unresolved and… — full analysis with a trial
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