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reaffirming the holding in Apprendi v. New Jersey, 530 U.S. 466, 490, that "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt."
Summary of this case from Battle v. McDonoughOpinion
Case No. 2D06-325.
Opinion filed April 19, 2006.
Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County, Ronald N. Ficarrotta, Judge.
Affirmed. See Long v. State, 529 So. 2d 286 (Fla. 1988);Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005); Riser v. State, 898 So. 2d 116 (Fla. 2d DCA 2005); Carpenter v. State, 884 So. 2d 385 (Fla. 2d DCA 2004); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Mills v. State, 840 So. 2d 464 (Fla. 4th DCA 2003).
SALCINES, STRINGER, and SILBERMAN, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.