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· 7/11/2003

Gisi v. State

Citations

  • 848 So. 2d 1278
  • 2003 WL 21554350

How courts have described this case

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

  • holding that appellate counsel was ineffective in failing to argue that certain of Gisi’s convictions for violations of section 800.04, Florida Statutes (1997), were barred by the prohibition against double jeopardy
  • finding appellate counsel ineffective for failing to raise issue that two out of the defendant's three convictions in each of the four sexual episodes were barred by double jeopardy considerations, where each episode constituted a single course of conduct
  • victim injury points must be submitted to jury if addition of points causes sentence to go beyond statutory maximum
  • victim injury points must be submitted to jury if addition of points causes sentence to go beyond statutory maximum
  • Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactive
  • “Where the addition of victim injury points is a factor which causes a sentence to be increased beyond the statutory maximum, the facts of victim injury must be submitted to a jury pursuant to .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Covington

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.