MACINTOSH v. STATE

No. 5D15-919.

182 So.3d 888 (2016)

Damien Osborne MACINTOSH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 8, 2016.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Robert J. Pearce III , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kaylee D. Tatman , Assistant Attorney General, Daytona Beach, for Appellee.


Damien O. MacIntosh appeals his five-year sentence for grand theft and assault. Although the sentence was authorized by the Criminal Punishment Code, section 921.002, Florida Statutes (2014), MacIntosh correctly argues that the trial court violated his due process rights by basing his sentence, at least in part, on uncharged or dismissed...

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