Haydon v. State

755 So. 2d 785, 2000 Fla. App. LEXIS 4421, 2000 WL 378156
District Court of Appeal of Florida·Decided April 14, 2000·No. No. 5D99-1794·Published

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

755 So. 2d 785 (Haydon v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)