Opinion
Case No. SC05-246.
May 10, 2006.
Lower Tribunal No. 90-1189.
This cause is before this Court on appellant's appeal of the denial of a successive motion for postconviction relief. We have considered the issues raised, and affirm the trial court's denial of postconviction relief.
Gorby's successive motion for postconviction relief alleges that the requirements of Crawford were violated during the penalty phase of his trial. Crawford v. Washington, 541 U.S. 1354 (2004). Gorby's conviction and sentence became final more than ten years prior to the rendition of Crawford. In Chandler v. Crosby, 916 So. 2d 728 (Fla. 2005), we concluded that theCrawford decision should not be applied retroactively. Therefore, the circuit court's denial of Gorby's rule 3.851 motion is affirmed based on our decision in Chandler.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.