Legal Opinion

Caraballo v. State

District Court of Appeal of Florida

Decided September 26, 2001No. 2D01-3281PublishedCited by 15 opinions

1Opinion of the Court

805 So.2d 882 (2001)

Nelson CARABALLO, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-3281.

District Court of Appeal of Florida, Second District.

September 26, 2001.

Rehearing Denied October 31, 2001.

2Per curiam

Nelson Caraballo seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Caraballo argues that the trial court erred in assessing victim injury points for sexual battery without a jury finding that victim injury was proven beyond a reasonable doubt as required by Apprendi v. New Jersey, 530 U.S.…

3Cases cited2 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Long v. SwoffordDistrict Court of Appeal of Florida · 2001

4Cited by15 opinions

  1. Long v. SwoffordDistrict Court of Appeal of Florida · 2001
  2. McCloud v. StateDistrict Court of Appeal of Florida · 2001
  3. Boardman v. StateDistrict Court of Appeal of Florida · 2011
  4. Isaac v. StateDistrict Court of Appeal of Florida · 2002
  5. Thompson v. StateDistrict Court of Appeal of Florida · 2007

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