COOK v. STATE (2025)

Thomas Clyde Cook appeals from his judgment and sentence on forty counts of possessing, controlling, or intentionally viewing child pornography, arguing that the trial court incorrectly advised him of his sentencing exposure during its Faretta ¹ inquiry and improperly enhanced his sentence based on a fact that had not been found by the jury beyond a reasonable doubt, in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We conclude that the court did not err in its advice and that defense counsel has failed to establish Apprendi error in Cook's sentence. Accordingly, we affirm.

Affirmed.

FOOTNOTES

1.   Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

ROTHSTEIN-YOUAKIM, Judge.

KELLY and LABRIT, JJ., Concur.