RAY

v.

UNITED STATES

Citator

Cited By

• Hughes v. State, 901 So. 2d 837 (Fla. 2005)
  …describes the cataclysm in Florida if such sentences are invalidated because the jury did not make the “victim injury” finding. McCloud v. State, 803 So. 2d 821, 827 (Fla. 5th DCA 2001) (en banc), review denied, 821 So. 2d 298 (Fla,), cert. denied, 537 U.S. 1036, 123 S.Ct. 553, 154 L.Ed.2d 455 (2002). In this case, the First District concluded that the impact on the administration of justice “would be monumental.” Hughes, 826 So. 2d at 1074. As the court noted, “[ejach and every enhancement factor that was…
• Knarich v. State, 866 So. 2d 165 (Fla. 2d DCA 2004)
  …native element of sexual battery and that a general verdict is insufficient to show a jury finding that penetration occurred when the jury could have convicted based on penetration or contact), review denied, 821 So. 2d 298 (Fla.), and cert. denied, 537 U.S. 1036, 123 S.Ct. 553, 154 L.Ed.2d 455 (2002). The verdict form reflects that the jury found Knarich guilty of “Handling or Fondling a Child under the Age of Sixteen Years, as charged.” Knarich was charged with handling or fondling a child under sixteen…