WILLIAMS v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Keith Pernell WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-736

Decided: December 30, 2021

Matthew J. Metz, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Keith Pernell Williams, Crawfordville, pro se. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Tobler v. State, 239 So. 3d 796, 796 (Fla. 5th DCA 2018) (“We reject Appellant's argument that the Prison Releasee Reoffender Act is unconstitutional because it allows the judge, rather than the jury, to determine whether a defendant qualifies as a prison releasee reoffender for sentencing purposes.” (citing Chapa v. State, 159 So. 3d 361, 362 (Fla. 4th DCA 2015); Lopez v. State, 135 So. 3d 539, 540 (Fla. 2d DCA 2014))); Williams v. State, 143 So. 3d 423, 424 (Fla. 1st DCA 2014) (rejecting Appellant's argument that based on the holdings of Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Florida's Prison Releasee Reoffender statute is unconstitutional).

PER CURIAM.

LAMBERT, C.J., EVANDER and EDWARDS, JJ., concur.

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