LUGO v. STATE (2026)

Legary Lugo appeals his convictions and sentences for trafficking in N,N-dimethylpentylone and possessing fentanyl, oxycodone, and cocaine with intent to sell. We summarily affirm all issues except the requested correction to the special provisions document. As to Lugo's challenges involving N,N-dimethylpentylone and the six-member jury, we affirm under Lawson and Guzman, respectively. See Lawson v. State, 416 So. 3d 327, 332 (Fla. 4th DCA 2025) (“[T]he State produced competent substantial evidence that Dimethylpentylone was a substituted cathinone through the testimony of the forensic chemist.”); Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023); Cunningham v. Florida, ––– U.S. ––––, 144 S. Ct. 1287, 219 L.Ed.2d 1239 (2024) (denying petition for writ of certiorari challenging Florida's use of six-member juries). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, ––– U.S. ––––, 146 S.Ct. 2732, ––– L.Ed.2d –––– (2026).

Although the trial court entered separate corrected sentencing orders for Counts 2, 3, and 4, the special provisions document continues to combine those counts. We therefore reverse in part and remand with instructions to enter a separate special provisions document for each count consistent with the oral pronouncement and corrected sentencing orders. No resentencing hearing is required.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Gerber, C.J., Shaw and Lott, JJ., concur.