Legal Opinion

Byrd v. State

District Court of Appeal of Florida

Decided June 3, 2015No. 3D15-803PublishedCited by 1 opinion

1Per curiam

Affirmed. See Galindez v. State, 955 So.2d 517 (Fla.2007) (holding that a claimed violation of right to jury determination under Apprendi1 and Blakely2 is subject to a harmless error analysis); Rouse v. State, 965 So.2d 201 (Fla. 5th DCA 2007) (holding that, where jury found defendant guilty of second-degree murder, trial court’s inclusion of victim injury points on the sentencing guidelines score-sheet without a jury determination of that issue was harmless error because record demonstrated beyond a reasonable doubt that a rational jury would have found victim injury given its verdict…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Galindez v. StateSupreme Court of Florida · 2007
  4. Rouse v. StateDistrict Court of Appeal of Florida · 2007
  5. Offord v. StateDistrict Court of Appeal of Florida · 2007

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3Cited by1 opinion

  1. Byrd v. StateDistrict Court of Appeal of Florida · 2019

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