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Byron CURRY, Appellant, v. STATE of Florida, Appellee.
Affirmed. See Sanchez v. State, 435 So. 3d 1211, 1212 (Fla. 3d DCA 2026) (“In examining the record before the trial court, any error in failing to submit the habitual felony offender factors to a jury amounts to, at most, harmless error beyond a reasonable doubt.”); Alvarado-Balmaceda v. State, 435 So. 3d 1169, 1171 (Fla. 3d DCA 2026) (“Thus, based on the record before us, we conclude that any error in failing to submit the habitual violent felony offender factors to a jury was harmless beyond a reasonable doubt, and affirm.”); Madison v. State, 433 So. 3d 514, 516 (Fla. 3d DCA 2026) (“An Erlinger error is harmless where the record demonstrates, beyond a reasonable doubt, that, had the enhancement issues been submitted to a jury, a rational jury would have found that the defendant qualified for an enhanced sentence under section 775.084. Indeed, if the record plainly and unequivocally establishes that the defendant qualifies for the enhancement, it is not necessary for the court to delve into the Erlinger constitutional issue, because any resulting error would be harmless beyond a reasonable doubt.”) (internal citation omitted).
PER CURIAM.
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Docket No: No. 3D22-1337
Decided: September 17, 2026
Court: District Court of Appeal of Florida, Third District.
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