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18 So. 3d 623

Johnson v. State

District Court of Appeal of Florida

Decided August 12, 2009

District Court of Appeal of Florida · decided 2009-08-12

Cited by 3 later decisions — most recently April 2019

3 state decisions

Relies on 911 So. 2d 813 - Isaac v. State · Tompkins v. State · Monnar v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2009-08-12

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KAHN, J.,

¶1concurring.

¶2I concur in result because remand for harmless error analysis is mandated by Monnar v. State, 984 So.2d 619 (Fla. 1st DCA 2008). On the merits of appellant’s claim, however, I would find that Apprendi and Blakely do not apply. See Isaac v. State, 911 So.2d 813, 815 (Fla. 1st DCA 2005) (Kahn, J., dissenting.) The Isaacmatter is, of course, now pending briefing in the Florida Supreme Court. See State v. Isaac, 4 So.3d 677 (Fla.2009).

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