Legal Opinion

Henly v. State

District Court of Appeal of Florida

Decided March 28, 2002No. 5D01-2176PublishedCited by 2 opinions

1Opinion of the Court

812 So.2d 549 (2002)

Albert HENLY, Appellant,

v.

STATE of Florida, Appellee.

No. 5D01-2176.

District Court of Appeal of Florida, Fifth District.

March 28, 2002.

Michael W. Johnson, Ocala, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Henly went on a shooting rampage in a bar and, along with others, was himself shot. His only issue which we find to have merit is that his sentence on the charge of aggravated battery with a firearm was impermissibly enhanced since the jury failed to find the…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Tucker v. StateSupreme Court of Florida · 1999
  3. McCloud v. StateDistrict Court of Appeal of Florida · 2001
  4. Cameron v. StateDistrict Court of Appeal of Florida · 2001

3Cited by2 opinions

  1. Amos v. StateDistrict Court of Appeal of Florida · 2002
  2. Demo v. StateDistrict Court of Appeal of Florida · 2002

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