Byrd v. State

Full title: Shamond BYRD, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Jun 3, 2015

167 So. 3d 480 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D15–803.

06-03-2015

Shamond BYRD, Appellant, v. The STATE of Florida, Appellee.

Shamond Byrd, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

Shamond Byrd, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, LAGOA and EMAS, JJ.

Opinion

PER CURIAM.

Affirmed. See Galindez v. State, 955 So.2d 517 (Fla.2007) (holding that a claimed violation of right to jury determination under Apprendi ¹ and Blakely ² is subject to a harmless error analysis); Rouse v. State, 965 So.2d 201 (Fla. 5th DCA 2007) (holding that, where jury found defendant guilty of second-degree murder, trial court's inclusion of victim injury points on the sentencing guidelines scoresheet without a jury determination of that issue was harmless error because record demonstrated beyond a reasonable doubt that a rational jury would have found victim injury given its verdict finding defendant guilty of second-degree murder). See also Padilla v. State, 159 So.3d 1015 (Fla. 3d DCA 2015) ; Offord v. State, 970 So.2d 403 (Fla. 3d DCA 2007).

1 Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

2 Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

--------