DARRYL L. SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Maglio v. State, 918 So. 2d 369 (Fla. 4th DCA 2005)
  …necessarily made by the jury is sufficient to support the conclusion that the jury found that Maglio caused “extraordinary physical trauma” to the victim by striking him about the head with a blunt instrument to cause his death. See Hunter v. State, 828 So. 2d 1038, 1039 (Fla. 1st DCA 2002) (“Where the information alleges that the crime was committed with a firearm and the jury finds that the defendant committed the crime as charged, the jury has necessarily found use of a firearm.”) Therefore, the Sixth Amend…
• Donohue v. State, 925 So. 2d 1163 (Fla. 4th DCA 2006)
  …d that Maglio caused ‘extraordinary physical trauma’ to the victim by striking him about the head with a blunt instrument to cause his death.” Id. In finding no Sixth Amendment violation, we applied the first district’s analysis in Hunter v. State, 828 So. 2d 1038, 1039 (Fla. 1st DCA 2002). In Hunter, the defendant challenged enhancement of his sentence from a first degree felony to a life felony based on the use of a firearm during commission of the crime. The defendant was charged by information with attemp…
• Alfio Gentile v. State, 87 So. 3d 55 (Fla. 4th DCA 2012)
  …deadly weapon. The “as charged” verdict unambiguously reflects the jury’s finding that a deadly weapon was used and is sufficient to support the reclassification. See, e.g., Amos v. State, 833 So. 2d 841, 842-43 (Fla. 4th DCA 2002); Hunter v. State, 828 So. 2d 1038, 1039 (Fla. 1st DCA 2002); Whitehead v. State, 446 So. 2d 194, 197 (Fla. 4th DCA 1984). See also Maglio v. State, 918 So. 2d 369, 376 (Fla. 4th DCA 2005). Petitioner also contends that the reclassification violates Apprendi v. New [*58] Jersey, 530…

Authorities Cited

• Slaughter-House Cases. The Butchers' Benevolent Ass'n of New Orleans v. The Crescent City Live-Stock Landing & Slaughter-House Co., 16 Wall. 36 (U.S. 1872)