Flowers v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
_____________________________
No. 1D2024-0818
_____________________________
B OOKER FLOWERS,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
_____________________________
On appeal from the Circuit Court for Leon County.
Stephen S. Everett, Judge.
December 17, 2025
P ER C URIAM.
Appellant 	raises 	two 	issues 	on 	direct 	appeal 	from 	his
judgment and sentence. We affirm as to the first issue without
comment.
We also affirm as to the second issue, in which he argues that
he 	must 	be 	resentenced 	without 	a 	prison 	releasee 	reoffender
enhancement because the judge rather than the jury made the
underlying findings of fact establishing he was subject to the
enhancement. This argument is meritless because any error was
harmless. 	See 	Sheffield 	v. 	State, 	No.1D2024-1587, 	2025 	WL
3288602, at *1 (Fla. 1st DCA Nov. 26, 2025) (affirming PRR
sentence without deciding the impact, if any, of Erlinger v. United
States, 602 U.S. 821 (2024), because any error was harmless);

2
Hicks v. State, No. 1D2024-1300, 2025 WL 2921590 (Fla. 1st DCA
Oct. 15, 2025) (same); Alonso v. State, 415 So. 3d 826, 827 (Fla. 2d
DCA 2025) (same); Ashford v. State, 407 So. 3d 537, 537 (Fla. 5th
DCA 2025) (same).
A FFIRMED.
B ILBREY , KELSEY , and NORDBY, JJ., concur.
_____________________________
Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Jessica 	J. 	Yeary, 	Public 	Defender, 	and 	Ross 	Scott 	Haine, 	II,
Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Miranda Lee Butson,
Assistant Attorney General, Tallahassee, for Appellee.