HEINZ v. STATE (2025)

District Court of Appeal of Florida, Third District.

Frank HEINZ, Appellant, v. STATE of Florida, Appellee.

No. 3D25-1120

Decided: October 08, 2025

Before EMAS, MILLER, and BOKOR, JJ.

Frank Heinz, in proper person. James Uthmeier, Attorney General, for appellee.

Frank Heinz seeks review of an order denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Civil Procedure 3.800. Distilled to its essence, his claim below rested upon the retroactive application of Apprendi ¹ and its progeny, including Erlinger.² Having reviewed the trial court's thorough and well-reasoned order, we agree the claim fails, at a minimum, on preservation grounds. We therefore decline to address the other substantive arguments raised below and in this proceeding.

Affirmed.

FOOTNOTES

1. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

2. Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024).

MILLER, J.

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