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Haydon v. State

755 So. 2d 785, 2000 Fla. App. LEXIS 4421, 2000 WL 378156
CourtDistrict Court of Appeal of Florida
DecidedApril 14, 2000
DocketNo. 5D99-1794
StatusPublished

This text of 755 So. 2d 785 (Haydon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haydon v. State, 755 So. 2d 785, 2000 Fla. App. LEXIS 4421, 2000 WL 378156 (Fla. Ct. App. 2000).

Opinions

DAUKSCH, J.

This is an appeal from a sentence in a robbery case where the judge erred in enhancing the penalty. Because the specific factors that allow for an enhancement were not present in the jury’s verdict and because a conviction on one count of an information may not be used to enhance punishment for a conviction on another count, it was error to give the greater penalty. See McKinnon v. State, 540 So.2d 111 (Fla.1989).

SENTENCE VACATED; REMANDED FOR RESENTENCING.

COBB, J., concurs. HARRIS, J., concurs and concurs specially with opinion.

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Related

State v. McKinnon
540 So. 2d 111 (Supreme Court of Florida, 1989)
Jenkins v. State
747 So. 2d 997 (District Court of Appeal of Florida, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
755 So. 2d 785, 2000 Fla. App. LEXIS 4421, 2000 WL 378156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haydon-v-state-fladistctapp-2000.