Johnson v. State

I concur in result because remand for harmless error analysis is mandated by Monnar v. State, 984 So.2d 619 (Fla. 1st DCA 2008). On the merits of appellant’s claim, however, I would find that Apprendi and Blakely do not apply. See Isaac v. State, 911 So.2d 813, 815 (Fla. 1st DCA 2005) (Kahn, J., dissenting.) The Isaac matter is, of course, now pending briefing in the Florida Supreme Court. See State v. Isaac, 4 So.3d 677 (Fla.2009).