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BYRD v. STATE

No. 99-713.

746 So.2d 557 (1999)

Clyde BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 14, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karla D. Ellis, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, appellant complains that the trial court impermissibly took into account in reaching its decision regarding a sentence a prior criminal charge of which he had been acquitted following a jury verdict of not guilty. See, e.g., Epprecht v. State, 488 So.2d 129 (Fla. 3d DCA 1986) (a court may not consider charges of which an accused has been acquitted in passing sentence). Because this...

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