EUGENE CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE CLARK, APPELLANT,
STATE OF FLORIDA, APPELLEE
701 So. 2d 912
Florida District Court of Appeal, Fourth District (1997)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant, Eugene Clark, appeals from his conviction and sentence for armed kidnapping, armed robbery, and armed burglary. We affirm in all respects, but we reverse Appellant’s sentence and remand for resentencing. Since there was no evidence presented at trial that Appellant had personally used a weapon in committing the crimes charged, it was error for the trial court to enhance Appellant’s sentence based on the fact that co-defendants used a firearm during the commission of the crimes charged. See State v. Rodriguez, 602 So. 2d 1270, 1272 (Fla.1992); Williams v. State, 622 So. 2d 456, 465 (Fla.1993).
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015)…endant actually possesses a weapon during the commission of the crime); Porter v. State, 737 So. 2d 1119, 1119 (Fla. 2d DCA 1999) (citing Rodriguez for the proposition “that section 775.087(1) does not permit vicarious enhancement”); Clark v. State, 701 So. 2d 912 (Fla. 4th DCA 1997) (same; citing to Rodriguez, and Williams v. State, 622 So. 2d 456 (Fla.1993)); Williams v. State, 656 So. 2d 574, 575 (Fla. 1st DCA 1995) (holding murder sentence cannot be enhanced under section 775.087(1) where the jury specifi…
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Parker v. State, 906 So. 2d 1273 (Fla. 5th DCA 2005)…nt actually possesses a weapon -during the commission of the crime. See, e.g., State v. Rodriguez, 602 So. 2d 1270 (Fla. 1992); Blanc v. State, 899 So. 2d 455 (Fla. 4th DCA 2005); Thompson v. State, 862 So. 2d 955 (Fla. 2d DCA 2004); Clark v. State, 701 So. 2d 912 (Fla. 4th DCA 1997). See also Demps v. State, 649 So. 2d 938 (Fla. 5th DCA 1995). Parker’s appellate counsel, however, failed to raise the enhancement issue during the previous appeal resulting in an affirmance. See Parker v. State, 842 So. 2d 130…
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Ruiz v. State, 743 So. 2d 581 (Fla. 4th DCA 1999)…was acquitted of the aggravated battery charge that was the basis for the departure. Unlike the defendant in Marshall, Ruiz was convicted of attempted first degree murder, the basis for his upward departure sentence. Ruiz relies on Clark v. State, 701 So. 2d 912 (Fla. 4th DCA 1997), to argue that when no evidence is presented that a defendant personally used a weapon in committing a crime, it is error for the trial court to enhance the defendant’s sentence based on a co-defendant’s use of a firearm. However…
Authorities Cited
- State v. Anibal Rodriguez, 602 So. 2d 1270 (Fla. 1992)
- Williams v. State, 622 So. 2d 456 (Fla. 1993)