HENLY v. STATE

No. 5D01-2176.

812 So.2d 549 (2002)

Albert HENLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2002.


Attorney(s) appearing for the Case

Michael W. Johnson, Ocala, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Henly went on a shooting rampage in a bar and, along with others, was himself shot. His only issue which we find to have merit is that his sentence on the charge of aggravated battery with a firearm was impermissibly enhanced since the jury failed to find the requisite conditions precedent for such sentence.

Henly's sentence was enhanced under the provisions of section 775.087(2)(a)3, Florida Statutes:

Any person who is convicted of [aggravated...

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