Florida District Courts of Appeal, 2015

Byrd v. State

Florida District Courts of Appeal · Decided June 3, 2015 · Emas, Lagoa, Suarez

167 So. 3d 480; 2015 Fla. App. LEXIS 8463; 2015 WL 3486609 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Byrd v. State (Fla. Dist. Ct. App. 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed. See Galindez v. State, 955 So.2d 517 (Fla. 2007) (holding that a claimed violation of right to jury determination under Apprendi1 and Blakely2 is subject to a harmless error analysis); Rouse v. State, 965 So.2d 201 (Fla. 5th DCA 2007) (holding that, where jury found defendant guilty of second-degree murder, trial court’s inclusion of victim injury points on the sentencing guidelines score-sheet without a jury determination of that issue was harmless error because record demonstrated beyond a reasonable doubt that a rational jury would have found victim injury given its verdict finding defendant guilty of second-degree murder). See also Padilla v. State, 159 So.3d 1015 (Fla. 3d DCA 2015); Offord v. State, 970 So.2d 403 (Fla. 3d DCA 2007).

. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

. Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

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