Opinion
1D22-1190
08-10-2022
Izell Rivers, Appellant, v. State of Florida, Appellee.
Izell Rivers, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.
Izell Rivers, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
This is an appeal from the denial of Appellant's motion under rule 3.800(a), Florida Rules of Criminal Procedure, which raised two claims. We affirm and write to address Appellant's first claim.
Appellant argued below that his prison releasee reoffender (PRR) sentences under section 775.082(9), Fla. Stat. (2007), were illegal because the statute is unconstitutional. His claim was that by not requiring a jury finding on the date of his prison release, the statute violates his right to a jury trial under Alleyne v. United States, 570 U.S. 99 (2013), and various other cases. We have rejected that argument because the date of a defendant's release from prison "relates to the fact of a prior conviction." Williams v. State, 143 So.3d 423, 424 (Fla. 1st DCA 2014); see also Murphy v. State, 227 So.3d 242 (Fla. 1st DCA 2017). As a result, we held "that Alleyne does not require a jury to make the PRR factual determination." Williams, 143 So.3d at 424.
AFFIRMED.
ROWE, C.J., and BILBREY and TANENBAUM, JJ., concur