FRED DANIELS, III, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Muldrow v. State, 842 So. 2d 240 (Fla. 2d DCA 2003)
  …he defendant is guilty of “charges made against him in the Information” is insufficient to establish that a weapon was used, even if the information alleged that the defendant used a weapon during commission of the crime); see also Orjales v. State, 758 So. 2d 1157 (Fla. 2d DGA 2000) (following Tripp). If this jury found that Muldrow committed the attempted robbery while possessing a firearm but did not discharge it, the verdict that would reflect these findings is the same verdict that was rendered.4 Thus, we…
• Verdell Harvey v. State, 865 So. 2d 518 (Fla. 2d DCA 2003)
  …to avoid the imposition of a habitual offender life sentence by having the offense determined to be a life felony. To attain this goal, he asserts that his sentence must be enhanced because a firearm or weapon was used. Relying on Orjales v. State, 758 So. 2d 1157 (Fla. 2d DCA 2000), the trial court denied Mr. Harvey’s claim. We affirm. By information, Mr. Harvey was charged with second-degree murder with a firearm, which is a life felony. The jury verdict form found “the defendant guilty of Second Degree Mu…

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• Thompson v. State, 862 So. 2d 955 (Fla. 2d DCA 2004)
  …945, 948 (Fla. 4th DCA 1983)); see also State v. Hargrove, 694 So. 2d 729, 730 (Fla.1997). The verdict must also reflect a “ ‘clear jury finding’ ” that the defendant used a firearm before the defendant’s sentence may be enhanced. Orjales v. State, 758 So. 2d 1157, 1159 (Fla. 2d DCA 2000) (quoting Hargrove, 694 So. 2d at 731). Even if an information charges the use of a firearm, a verdict form that simply recites that the defendant is guilty as charged does not support reclassification of the crime under sec…

Authorities Cited

• Mordkoff v. State, 728 So. 2d 803 (Fla. 3d DCA 1999)