WHO FINDS IT?
Under section 775.084(3), the court decides HFO and HVFO facts using this standard of proof.
What is a preponderance of the evidence?
The Court in Erlinger grounded its ruling in these two amendments, which guarantee due process and the right to a jury trial.
What are the Fifth and Sixth Amendments?
Section 775.084(5) says a prior counts for HFO and VCC only if it was “sentenced” this way, apart from the other counted priors.
What is separately?
The window after release from prison within which a new enumerated offense makes a defendant a PRR.
What is 3 years?
In Scott v. State (Fla. 5th DCA 2025), the error was harmless because the sentences fell within these limits.
What are the ordinary statutory maximums?
The VCC statute has the court make its findings in this kind of proceeding.
What is a separate proceeding?
Erlinger left this exception in place, which lets judges find the bare fact of a prior conviction.
What is the Almendarez-Torres exception?
The maximum HFO sentence for a third-degree felony.
What is 10 years?
The PRR sentence for a second-degree felony, served in full with no early release.
What is 15 years?
In Alvarado-Balmaceda v. State (Fla. 3d DCA 2026), the HVFO error was harmless because the prior was this.
What is undisputed?
In a PRR case, the State proves the defendant qualifies by this standard.
What is a preponderance of the evidence?
In Maye v. State (Fla. 2026), the Florida Supreme Court held that Apprendi-type sentencing errors get this kind of review and are not “illegal sentences” under Rule 3.800(a).
What is harmless-error review?
HVFO requires at least this many prior convictions for an enumerated violent felony.
What is one?
VCC requires this many prior adult convictions for enumerated offenses.
What is three?
Release dates and separate sentencing go beyond this bare fact, which is why they raise Erlinger questions.
What is the fact of a prior conviction?
Under the statutes as written, who decides whether a defendant is an HFO, HVFO, PRR, or VCC.
Who is the judge?
In Maye, the State conceded this statute is unconstitutional under Erlinger, but the Court did not decide the question
What is the PRR statute?
An HVFO sentence for a second-degree felony makes the defendant ineligible for release for at least this long.
What is 10 years?
A second-degree VCC sentence can run up to 40 years with this mandatory minimum.
What is 30 years?
In HVFO cases, courts find harmlessness where the defendant never disputed any of these three things about his prior conviction.
What are that it was his, that its date was correct, and that it hadn't been set aside or pardoned?
This 2024 U.S. Supreme Court decision requires a jury to find, beyond a reasonable doubt, whether prior offenses were committed on separate occasions.
What is Erlinger v. United States?
The Erlinger decision relied heavily on this landmark 2000 case, which held that facts increasing a maximum penalty must be proven to a jury beyond a reasonable doubt.
What is Apprendi v. New Jersey?
Under the "sequential conviction" requirement, each prior felony counts only if it was this, separately from the current offense and from each other. .
What is sentenced?
A PRR must serve this percentage of the sentence, with no parole, control release, or early release.
What is 100 percent?
In an April 2026 decision, the First DCA held that Erlinger does not require a jury to find the fact of a prior conviction for this designation, abbreviated VFOSC.
What is violent felony offender of special concern?