Mr. Luton was convicted of aggravated battery and attempted robbery while in possession of a deadly weapon. The judge determined that he was a habitual violent felony offender and sentenced him to 30 years in prison. Mr. Luton later argued that his classification as a habitual violent felony offender should have been determined by a jury, not a judge. The Third District Court of Appeal found that Mr. Luton had not preserved the claim because he did not object to the judge making the sentencing findings prior to sentencing. The 3rd DCA also found that even if the claim had been preserved it was without merit. Mr. Luton asked this Court to review the issue.