Skip to main content
Find a Lawyer

BYRD v. STATE (1999)

District Court of Appeal of Florida,First District.

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

No. 99-713.

Decided: December 14, 1999

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.

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 issue was not preserved by a timely objection or other request for action in the trial court and does not involve “fundamental error,” we affirm. § 924.051(3), Fla. Stat. (1997).

AFFIRMED.

PER CURIAM.

ALLEN, WEBSTER and BROWNING, JJ., CONCUR.

Was this helpful?

Thank you for your feedback!

FindLaw Marketing Authority Suite

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network

BYRD v. STATE (1999)

Docket No: No. 99-713.

Decided: December 14, 1999

Court: District Court of Appeal of Florida,First District.

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

For Legal Professionals

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign Up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About The Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard