The 2023 Florida Statutes (including Special Session C)
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. . . Criminal Gang Activity ___ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .
. . . Criminal Gang Activity The felony conviction is for an offense that was found, pursuant to section 874.04 . . .
. . . 810.14, s 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an offense that was found, pursuant to s. 874.04 . . .
. . . Criminal Gang Activity __ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .
. . . The change is in response to chapter 2008-238, Laws of Florida, section 8 (amending section 874.04, Florida . . . Sentencing, adds a provision for felony convictions for an offense that is found, pursuant to section 874.04 . . . purpose of benefiting, promoting, or furthering the interests of a criminal street gang under section 874.04 . . . Criminal Gang Activity _ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .
. . . applied the criminal street gang enhancer and multiplied Ariano’s sentence by 1.5 pursuant to sections 874.04 . . . therefore reverse the trial court’s finding and remand for resentencing without enhancement under section 874.04 . . . STEVENSON and TAYLOR, JJ„ concur. . § 874.04, Fla. . . . benefiting, promoting, or furthering the interests of a criminal street gang as prohibited under s. 874.04 . . .
. . . The change is based on chapter 2001-126, section 2, Laws of Florida, which amends section 874.04 and . . . benefitting, promoting, or furthering the interests of a criminal street gang pursuant — founder section 874.04 . . . O.C., we affirmed the decision of the District Court of Appeal, Fifth District, and held that section 874.04 . . .
. . . The State concedes error as to the enhancement of Kanjanabout’s sentence under section 874.04, Florida . . . affirm Kanjanabout’s convictions but remand for resentencing without the enhancement under section 874.04 . . .
. . . Section 874.04 allows trial courts to enhance the degree of crime under which the defendant is charged . . .
. . . by 1.5. (22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .
. . . eventually appointed for trial on the issue of whether S.S. was a street gang member pursuant to section 874.04 . . .
. . . See § 874.04, Fla. Stat. (1997). . . . Stat. (1997). . § 874.04, Fla. Stat. (1997). . . .
. . . trial court improperly enhanced his sentences under the Criminal Street Gang Prevention Act, section 874.04 . . . The Florida Supreme Court has recently declared section 874.04 violates substantive due process, thereby . . . Because the trial court enhanced the defendant’s sentences pursuant to section 874.04, we reverse and . . .
. . . State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional . . . O.C. opposed the State’s motion, asserting that section 874.04 is unconstitutional “because it omits . . . After the hearing, the trial court denied O.C.’s constitutional challenge to section 874.04, found O.C . . . See § 874.04(2)(a)-(c). . . . In reaching the conclusion that section 874.04 is unconstitutional, the Fifth District distinguished . . .
. . . He contends that his sentences were improperly enhanced pursuant to section 874.04, Florida Statutes . . . issue regarding the taking of judicial notice because we agree with the Fifth District that section 874.04 . . . reverse R.D.P.’s sentences and remand for resentencing without the enhancement provided for in section 874.04 . . .
. . . See § 874.04, Fla. Stat. (Supp.1996). . . . Statutes (Supp.1996), a necessary prerequisite to application of the enhancement provisions of section 874.04 . . .
. . . motion to have O.C. declared a gang member for disposition enhancement purposes pursuant to section 874.04 . . . O.C. moved to dismiss the enhancement request asserting that section 874.04 is unconstitutional because . . . for enhanced criminal penalties for a convicted defendant who is a member of a criminal street gang: 874.04 . . . (2)(a) A felony of the third degree may be punished as if it were a felony of the second degree. § 874.04 . . . Prior to the 1996 amendment to Florida’s act, section 874.04 authorized enhancement where the defendant . . .
. . . by 1.5. (22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .
. . . therefore reverse the trial court’s finding and remand for resentencing without enhancement under section 874.04 . . .
. . . through (23).] (24) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .
. . . S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. . . . Section 874.04, Florida Statutes (1993), enhances the penalty for any felony or violent misdemeanor if . . . The legislature also amended section 874.04 to provide for a penalty enhancement for “any delinquent . . .