Legal Opinion

Mitchell v. State

District Court of Appeal of Florida

Decided March 22, 2012No. 1D07-1715PublishedCited by 1 opinion

1Opinion of the Court

ON MOTION FOR CERTIFICATION BASED UPON CONFLICT AND/OR QUESTION OF GREAT PUBLIC IMPORTANCE

2Per curiam

This cause is before us on Appellee’s Motion for Certification Based Upon Conflict and/or Question of Great Public Importance. We grant Appellee’s motion, withdraw our opinion filed February 2, 2012, and substitute the following opinion in its place.

Appellant appeals the denial of a motion to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Appellant alleges that his sentence violates his right to have a jury determine all facts necessary to impose his upward…

3Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Heggs v. StateSupreme Court of Florida · 2000
  4. Galindez v. StateSupreme Court of Florida · 2007
  5. State v. FlemingSupreme Court of Florida · 2011

3 more not listed; retrieve them via the Exa API.

4Cited by1 opinion

  1. James R. Mitchell v. State of FloridaDistrict Court of Appeal of Florida · 2014

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