MCCLOUD

v.

FLORIDA

Citator

Cited By

• Hughes v. State, 901 So. 2d 837 (Fla. 2005)
  …te, 741 So. 2d 512, 515 (Fla. 5th DCA 1999) (which held that section 921.0024, Florida Statutes (1997), was constitutional because the judge's scoring of victim injury points constituted mere sentencing factors, not elements of the offense) vacated, 531 U.S. 1063, 121 S.Ct. 751, 148 L.Ed.2d 654 (2001). The Fifth District held in McCloud that victim injury was a sentencing factor that “plainly does not need to be charged, nor must it be decided by a jury, nor must it be decided beyond a reasonable doubt.” Id.…

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• McCLOUD v. State, 803 So. 2d 821 (Fla. 5th DCA 2001)
  …[*822] EN BANC GRIFFIN, J. This case appears before us on remand from the United States Supreme Court. See McCloud v. Florida, 531 U.S. 1063, 121 S.Ct. 751, 148 L.Ed.2d 654 (2001). The Supreme Court’s opinion was succinct: On petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District. Motion of petitioner for leave to proceed in forma pauperis and petitio…

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• Gilson v. State, 795 So. 2d 105 (Fla. 4th DCA 2001)
  …ury determination is not required for a court to find penetration. See id. at 514. Although we agree with the outcome of McCloud I, we write to clarify our decision in light of the United States Supreme Court’s recent decision in McCloud v. Florida, 531 U.S. 1063, 121 S.Ct. 751, 148 L.Ed.2d 654 (2001)(hereinafter McCloud II), which vacated McCloud I and instructed the Fifth District to reconsider their decision in light of the Supreme Court’s holding in Apprendi. See id. I In the instant case, the State ch…