Summary
holding that Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision
Summary of this case from Langford v. StateOpinion
No. 3D04-3223.
June 8, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge.
Robbie Clark, Jr., in proper person.
Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before COPE, GREEN, and SUAREZ, JJ.
We affirm the trial court's denial of the appellant's Rule 3.800(a) motion made pursuant to Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision. See Burgal v. State, 888 So.2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So.2d 476, 478 (Fla. 4th DCA 2004).