Legal Opinion

Pethtel v. State

District Court of Appeal of Florida

Decided September 9, 2015No. 2D13-4629PublishedCited by 7 opinions

1Opinion of the Court

LUCAS, Judge.

Tracy Pethtel appeals his judgment and sentence for aggravated manslaughter of a child. On appeal, Mr. Pethtel raises five issues. In his first issue, Mr. Pethtel argues that the trial court erred in entering a judgment of conviction against him for the first-degree felony of aggravated manslaughter of a child based upon the jury’s guilty verdict of the second-degree felony of manslaughter and its special findings. We agree with Mr. Pethtel that the trial court erred, and thus we reverse and remand for resentencing. We affirm on the remaining issues raised in this appeal without…

2Cases cited23 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. State v. MontgomerySupreme Court of Florida · 2010
  3. State v. GraySupreme Court of Florida · 1983
  4. State v. WershowSupreme Court of Florida · 1977
  5. State v. SiglerSupreme Court of Florida · 2007

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3Cited by7 opinions

  1. Jean Bernard Gelin v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2016
  2. Walsh v. StateDistrict Court of Appeal of Florida · 2016
  3. Adam Lloyd Shepard v. State of FloridaSupreme Court of Florida · 2018
  4. Adam Lloyd Shepard v. State of FloridaSupreme Court of Florida · 2018
  5. Jean Bernard Gelin v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2016

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

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