CHARLES HAYWOOD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1986-02-20
No. 66994
BOYD, C.J., and ADKINS, OVERTON, McDonald and SHAW, JJ., concur.
482 So. 2d 1377 Florida Supreme Court (1986) Caution
Cited by 8 cases

Opinion of the Court
EHRLICH, Justice.

EHRLICH, Justice.

We have for review Haywood v. State, 466 So. 2d 424 (Fla. 4th DCA 1985), which directly conflicts with Whitehead v. State, 450 So. 2d 545 (Fla. 3d DCA 1984). Art. V, § 3(b)(3), Fla. Const. On the authority of State v. Whitehead, 472 So. 2d 730 (Fla.1985), we approve the decision below.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDonald and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Williams v. State, 517 So. 2d 681 (Fla. 1988)
    …isions operate independently of one another and are not alternative methods of enhancement. See State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985), approved, 485 So. 2d 1284 (Fla.1986); Haywood v. State, 466 So. 2d 424 (Fla. 4th DCA 1985), approved, 482 So. 2d 1377 (Fla.1986); Perez v. State, 431 So. 2d 274 (Fla. 5th DCA 1983), approved, 449 So. 2d 818 (Fla.1984). As the Perez court observed, sentence enhancement by reclassification of the crime to a higher degree increases the punishment by authorizing a grea…
  • KIO v. State, 624 So. 2d 744 (Fla. 1st DCA 1993)
    …to a life felony by operation of section 775.087(1)(a), Florida Statutes, if a firearm is used in commission of the attempted murder. The statute is phrased in mandatory terms. See Haywood v. State, 466 So. 2d 424, 425 (Fla. 4th DCA 1985), approved, 482 So. 2d 1377 (Fla.1986). Indeed, eases construing this statute in the context of convictions for attempted first-degree murder have not treated the reclassification as a matter of prosecutorial discretion. See, e.g., State v. Whitehead, 472 So. 2d 730 (Fla.1985)…
  • Feimster v. State, 491 So. 2d 321 (Fla. 3d DCA 1986)
    …the jury constituted an improper comment on the evidence adduced at trial. The instruction specifically left to the jury the matter of the weight to be accorded the evidence of flight. See Haywood v. State, 466 So. 2d 424 (Fla. 4th DCA 1985), aff'd, 482 So. 2d 1377 (Fla.1986). Accordingly, the judgments of conviction are Affirmed.…

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