Alfonso Bernard Moore v. State of Florida

FIFTH DISTRICT C OURT OF A PPEAL
S TATE OF FLORIDA
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Case No. 5D2024-1271
LT Case No. 2022-CF-8673
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ALFONSO B ERNARD M OORE,
Appellant,
v.
S TATE O F F LORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
R. Anthony Salem, Judge.
Matthew J. Metz, Public Defender, and Ryan M. Belanger,
Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, and Miranda L. Butson,
Assistant Attorney General, Tallahassee, for Appellee.
December 5, 2025
PER CURIAM.
As to the first issue, regarding admission of evidence, that
Alfonso Bernard Moore (“Appellant”) raises on direct appeal, we
affirm without further discussion. As to his second issue,
Appellant claims that having the judge rather than a jury
determine the underlying facts of whether he qualified for
designation and sentencing as a Habitual Violent Felony Offender

2
pursuant to section 775.084(1)(b), Florida Statutes, is contrary to
Erlinger 	v. 	United 	States, 	602 	U.S. 	821 	(2024), 	and 	thus
unconstitutional. We affirm on this issue because if there was any
error regarding the application of 	Erlinger, the record before this
Court demonstrates conclusively that it was harmless error. 	See
Capra v. State, 403 So. 3d 1063, 1064 (Fla. 5th DCA 2025).
A FFIRMED.
L AMBERT , E DWARDS, and K ILBANE, JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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