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701 So. 2d 912

Clark v. State

District Court of Appeal of Florida

Decided December 3, 1997

District Court of Appeal of Florida · decided 1997-12-03

Relies on 602 So. 2d 1270 - State v. Rodriguez · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-12-03

How this case has been cited

Cited by 3 later decisions — most recently July 2015

3 state decisions

10199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Appellant, Eugene Clark, appeals from his conviction and sentence for armed kidnapping, armed robbery, and armed burglary. We affirm in all respects, but we reverse Appellant’s sentence and remand for resen-tencing. Since there was no evidence presented at trial that Appellant had personally used a weapon in committing the crimes charged, it was error for the trial court to enhance Appellant’s sentence based on the fact that co-defendants used a firearm during the commission of the crimes charged. See State v. Rodriguez, 602 So.2d 1270, 1272*913(Fla.1992); Williams v. State, 622 So.2d 456, 465 (Fla.1993).

¶2AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.
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