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Supreme Court of Florida


Brooks v. State of Florida, SC06-1266

The stricter could-have-been-imposed harmless error test, as opposed to the would-have-been-imposed test, applies to claims of sentencing error raised by Florida Rule of Criminal Procedure 3.800(a) motions.

Appellate Information

  • Decided 10/25/2007
  • Published 10/25/2007

Judges

  • CANTERO, J.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Isaac Ramon Ruiz-Carus, Tampa, FL, for Petitioner.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, FL;  and Celia Terenzio, Bureau Chief, and Laura Fisher Zibura, Assistant Attorneys General, West Palm Beach, FL, for Respondent.
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