Arnett v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 775.087 enhancement was improper where the grounds for enhancement were not clearly charged in the information, and a jury finding that the appellant actually possessed a firearm does not cure the charging defect
• holding that in order for a defendant’s sentence to be enhanced under the 10-20-Life statute, the jury must make factual findings supporting the enhancement, and the State must specifically allege the grounds for enhancement in the charging document
• holding that the three-year minimum term mandated by the 10-20-Life statute could not be legally imposed because the information did not charge that Arnett actually possessed the firearm and the jury’s finding of actual possession did not cure the charging defect
• reversing and remanding the appellant’s sentence with directions to strike his mandatory minimum firearm enhancement sentence because a defendant’s sentence may not be enhanced pursuant to section 775.087(2
• imposition of mandatory minimum under § 775.087(2)(a) was illegal because defendant was not charged with “actual possession” of a firearm

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Connolly, Jr. v. State
  District Court of Appeal of Florida· 2015-07-29· cited 23×
• Ivory Lee Robinson v. State of Florida
  District Court of Appeal of Florida· 2017-04-04· cited 14×
• Grant v. State
  District Court of Appeal of Florida· 2014-05-07· cited 12×
• Kishon Larhame Birch v. State of Florida
  District Court of Appeal of Florida· 2018-05-25· cited 10×
• Jose Martinez v. State of Florida
  District Court of Appeal of Florida· 2015-06-03· cited 8×
• Lewis v. State
  District Court of Appeal of Florida· 2015-10-09· cited 6×
• Green v. State
  District Court of Appeal of Florida· 2014-05-29· cited 1×
• Boyce v. State
  District Court of Appeal of Florida· 2016-10-26· cited 1×
• Brandi Nicole Harris v. State of Florida
  District Court of Appeal of Florida· 2015-02-15
• Marcus Keyton Jones v. State of Florida
  District Court of Appeal of Florida· 2018-08-03
• Robert Jacoby Turner v. State of Florida
  District Court of Appeal of Florida· 2019-06-28
• ISSAC WOODS v. State
  District Court of Appeal of Florida· 2021-01-20

Cites

4 cases in this archive are cited by this case.

• Davis v. State
  District Court of Appeal of Florida· 2004-10-15· cited 23×
• Green v. State
  District Court of Appeal of Florida· 2009-09-04· cited 9×
• Banks v. State
  District Court of Appeal of Florida· 2007-02-28· cited 9×
• Young v. State
  District Court of Appeal of Florida· 2012-04-18· cited 7×