CHARLES A. GLOVER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
CHARLES A. GLOVER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
996 So. 2d 226
Florida District Court of Appeal, First District (2008)
Negative Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is denied on the merits.
BROWNING, C.J., BARFIELD and THOMAS, JJ., concur.
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Amos Bienaime v. State, 213 So. 3d 927 (Fla. 4th DCA 2017)…vo review.”). To pursue an enhanced mandatory sentence as the 10-20-Life statute proscribes, the state must allege the grounds for enhancement in the charging document, and the jury must make factual findings regarding those grounds. Lane v. State, 996 So. 2d 226, 227 (Fla. 4th DCA 2008). The state’s failure to allege grounds for enhancement in the charging document cannot be cured by a jury’s factual findings. Altieri v. State, 835 So. 2d 1181, 1183 (Fla. 4th DCA 2002). The state also cannot rely on grounds…
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Collins v. State, 266 So. 3d 170 (Fla. 2d DCA 2019)
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Martinez v. State, 169 So. 3d 170 (Fla. 4th DCA 2015)…have held that the allegation of ''carrying” a firearm is insufficient to impose a twenty-year mandatory minimum sentence for discharging a firearm regardless of a jury finding that the defendant discharged the gun. See, e.g., Lane v. State, [*172] 996 So. 2d 226, 227 (Fla. 4th DCA 2008); Inmon v. State, 932 So. 2d 518, 520 (Fla. 4th DCA 2006).…1 / 2
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