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167 So. 3d 480

Byrd v. State

District Court of Appeal of Florida · decided 2015-06-03

Relies on Apprendi v. New Jersey · Blakely v. Washington · 955 So. 2d 517 - Galindez v. State

Decided 2015-06-03

PER CURIAM.

¶1Affirmed. 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).

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

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

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