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Haydon v. State

Court: District Court of Appeal of Florida
Date filed: 2000-04-14
Citations: 755 So. 2d 785
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DAUKSCH, J.

This is an appeal from a sentence in a robbery case where the judge erred in enhancing the penalty. Because the specific factors that allow for an enhancement were not present in the jury’s verdict and because a conviction on one count of an information may not be used to enhance punishment for a conviction on another count, it was error to give the greater penalty. See McKinnon v. State, 540 So.2d 111 (Fla.1989).

SENTENCE VACATED; REMANDED FOR RESENTENCING.

COBB, J., concurs. HARRIS, J., concurs and concurs specially with opinion.

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