Legal Opinion
Frederic v. State
District Court of Appeal of Florida
Decided March 12, 2008No. 4D07-2262Published
1Opinion of the Court
975 So.2d 1264 (2008)
Arsense FREDERIC, Appellant,
v.
STATE of Florida, Appellee.
No. 4D07-2262.
District Court of Appeal of Florida, Fourth District.
March 12, 2008.
Clayton R. Kaeiser, Miami Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
WARNER, J.
In sentencing appellant on two counts of sexual battery, the trial court relied on a scoresheet calculation which included points for sexual penetration. Appellant claims that the inclusion of these points violated the principle of Apprendi v. New Jersey,…
2Cases cited7 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Heggs v. StateSupreme Court of Florida · 2000
- Smith v. StateSupreme Court of Florida · 1992
- Galindez v. StateSupreme Court of Florida · 2007
2 more not listed; retrieve them via the Exa API.