Estrada v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 21, 2026
Docket1D2024-2944
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2024-2944
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ALEXANDER ESTRADA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Hamilton County.
Melissa G. Olin, Judge.
October 21, 2026
RAY, J.
Alexander Estrada appeals two aspects of the sentence
imposed after his conviction for unlawful sexual activity with a
minor. He challenges his designation as a habitual felony offender
and the requirement that he pay for electronic monitoring while
on sex offender probation. We affirm.
I. Habitual Felony Offender Designation
Relying on Erlinger v. United States, 602 U.S. 821 (2024),
Estrada argues that a jury—not the trial court—was required to
find beyond a reasonable doubt the facts supporting his habitual
felony offender designation. He contends that the trial court’s
findings violated his federal and state constitutional rights to due
process and a jury trial.
Estrada did not ask the jury to determine his habitual
offender status. Nor did he object when the State presented its
evidence or the trial court made the required findings. Defense
counsel instead asked the court not to impose the enhanced
statutory maximum. While this appeal was pending, Estrada first
asserted in a motion under Florida Rule of Criminal Procedure
3.800(b)(2) that the jury had to make those findings.
That motion did not preserve the issue. A claim that a jury,
rather than a judge, had to make the findings supporting an
enhanced sentence challenges the sentencing process, not the
resulting sentencing order. It therefore may not be raised for the
first time under rule 3.800(b) and must instead be preserved by a
contemporaneous objection. Shinault v. State, 51 Fla. L. Weekly
D1390, D1391, 2026 WL 1968382, at *2 (Fla. 1st DCA July 8,
2026); see also Jackson v. State, 983 So. 2d 562, 572–74 (Fla. 2008).
Even if the claim were preserved, it would not warrant relief.
Errors under Apprendi v. New Jersey, 530 U.S. 466 (2000), and its
progeny are subject to harmless error review. Galindez v. State,
955 So. 2d 517, 521 (Fla. 2007). Under that standard, we ask
“whether the record demonstrates beyond a reasonable doubt that
a rational jury would have found” the facts necessary to designate
Estrada a habitual felony offender. Id. at 523. We consider the
weight of the evidence, including any conflicting evidence or
credibility concerns. State v. Manago, 375 So. 3d 190, 199 (Fla.
2023).
At sentencing, the State introduced certified judgments and
sentences establishing multiple prior felony convictions and
fingerprint evidence identifying Estrada as the person convicted.
Department of Corrections records showed that he was released
from prison on February 19, 2020, and clemency records showed
that none of the convictions had been set aside. The present offense
was committed between May 31, 2021, and May 2, 2022—well
within the statutory five-year period. See § 775.084(1)(a)1.–5., (5),
Fla. Stat. Defense counsel conceded that he could not dispute the
facts the State had established, and Estrada identifies no
conflicting evidence or credibility concern.
On this record, a rational jury would have made the required
findings beyond a reasonable doubt. Any error in failing to submit
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those facts to the jury was therefore harmless. We affirm Estrada’s
habitual felony offender sentence without deciding whether
Erlinger requires a jury to make the supporting findings.
II. Electronic Monitoring Costs
Estrada also challenges the portions of special conditions 10
and 38 of his written probation order requiring him to pay for
electronic monitoring. The trial court orally imposed electronic
monitoring as a special condition of probation but did not state that
Estrada would be responsible for its cost.
Estrada asks us to strike the payment requirement because
the trial court did not pronounce it at sentencing. But a condition
of probation authorized or mandated by statute may be included
in a written order even if it was not orally pronounced. See State v.
Hart, 668 So. 2d 589, 592 (Fla. 1996). The statute itself supplies
constructive notice of the condition and an opportunity to object to
its imposition. Id.; see also Frank v. State, 391 So. 3d 918, 920 (Fla.
4th DCA 2024) (holding that the statutory obligation to pay
supervision costs need not be orally pronounced).
The payment obligation here is statutory. Section 948.11(5)
provides that a person electronically monitored by the Department
of Corrections as a result of being placed on supervision “shall pay
the department for the electronic monitoring services as provided
in s. 948.09(2).” § 948.11(5), Fla. Stat. (2024). Section 948.09(2), in
turn, caps the payment rate at the full cost of monitoring and
authorizes the Department to exempt a person from all or part of
that payment if a factor listed in subsection (3) exists. Subsection
(3) further provides that failure to make a required payment may
constitute a ground for revocation of supervision. § 948.09(2)–(3),
Fla. Stat. (2024).
Together, these provisions make payment a statutory
consequence of electronic monitoring by the Department. Once the
trial court imposed electronic monitoring, the payment obligation
followed by operation of law, subject to the Department’s
exemption authority. The trial court was not required to pronounce
that obligation separately.
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That leaves Estrada’s reliance on Lavender v. State, 203 So.
3d 969 (Fla. 2d DCA 2016). There, the Second District concluded
that the cost of electronic monitoring should have been orally
pronounced because there was “no statutory authority for
requiring a probationer to pay for such monitoring.” Id. at 971. But
Lavender ultimately affirmed on an independent ground and did
not address sections 948.09(2) or 948.11(5), both of which were
then in effect and expressly addressed payment for electronic
monitoring. Lavender therefore does not answer the statutory
question before us.
AFFIRMED.
LEWIS and M.K. THOMAS, 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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Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant
Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Amanda Bosman,
Assistant Attorney General, Tallahassee, for Appellee.
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