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HAYDON v. STATE

No. 5D99-1794.

755 So.2d 785 (2000)

Stacy Lynn HAYDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 14, 2000.

Attorney(s) appearing for the Case

Jeffrey L. Dees, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

DAUKSCH, J.

This is an appeal from a sentence in a robbery case where the judge erred in enhancing the penalty. Because the specific factors that allow for an enhancement were not present in the jury's verdict and because a conviction on one count of an information may not be used to enhance punishment for a conviction on another count, it was error to give the greater penalty. See McKinnon v. State, 540 So.2d 111 (Fla.1989...

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