Opinion
No. 4D00-2180.
Opinion filed May 23, 2001.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Larry Schack, Judge; L.T. Case No. 99-3353-CF.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
AFFIRMED. See Gray v. State, 26 Fla. L. Weekly D916 (Fla. 4th DCA Apr. 13, 2001) (rejecting claim that under Apprendi v. New Jersey, 530 U.S. 466 (2000), habitual offender sentence is unconstitutional — " Apprendi does not apply to enhanced sentences based on prior conviction.").
Polen, Taylor, JJ., and Damoorgian, Dorian K., Associate Judge, Concur.