Shinault v. State
The First DCA affirmed a probation revocation and prison sentence, holding that an Erlinger/Apprendi claim challenging the lack of jury findings for a VFOSC designation is not cognizable under rule 3.800(b) (receding from Mack and Arrowood) and, even if preserved, no jury finding was required for the prior-conviction element underlying VFOSC status in a probation revocation. The court further held that a trial court's failure to make the statutorily required written dangerousness findings under section 948.06(8)(e) is subject to harmless error review, and was harmless here because the court revoked probation and imposed a prison term regardless of any dangerousness finding, expressly disagreeing with the Fifth District's Barber v. State line of cases requiring automatic remand. Judge Winokur concurred specially, arguing the error was not even 'adverse' to the defendant and thus harmless-error analysis should not have been reached at all.
Key facts
- Shinault was placed on probation; the trial court revoked his probation and imposed a prison sentence after finding him to be a Violent Felony Offender of Special Concern (VFOSC) based on a prior conviction.
- Shinault appealed via rule 3.800(b) motion, arguing that the trial court failed to obtain jury findings on facts necessary for VFOSC designation and failed to make written dangerousness findings as required by statute.
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Why it matters
This opinion is significant on multiple fronts: it receded from First DCA precedent holding Apprendi-type claims cognizable under rule 3.800(b), narrowing the avenues for raising such claims post-Jackson and post-Maye… — full analysis with a trial
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