PADILLA v. STATE

No. 3D05-424.

905 So.2d 248 (2005)

Silvio Andres PADILLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 22, 2005.


Attorney(s) appearing for the Case

Silvio Andres Padilla, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ON MOTION FOR REHEARING

ROTHENBERG, Judge.

Upon consideration of the defendant's motion for rehearing, we deny the motion. The defendant argues that the calculation of his sentencing guideline scoresheet violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it includes points for victim injury, which raised his sentence beyond the statutory maximum, and the victim injury...

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