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Hicks v. State

District Court of Appeal of Florida, Third District
Jul 27, 2005
905 So. 2d 990 (Fla. Dist. Ct. App. 2005)

Summary

holding that because Apprendi does not apply retroactively, neither does Blakely

Summary of this case from Galindez v. State

Opinion

No. 3D05-1164.

June 29, 2005. Rehearing Denied July 27, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.

Irwin Hicks, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.


Irwin Hicks appeals an order denying his motion for post-conviction relief. In this post-conviction motion, the defendant asserts that his sentence is impermissible under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Those decisions are inapplicable to the defendant's case.

We have held that the decision in Blakely is not retroactive. Burgal v. State, 888 So.2d 702 (Fla. 3d DCA 2004); see McBride v. State, 884 So.2d 476, 478 (Fla. 4th DCA 2004). Likewise, we have held that Apprendi is not retroactive. Modest v. State, 892 So.2d 566 (Fla. 3d DCA 2005).

Affirmed.


Summaries of

Hicks v. State

District Court of Appeal of Florida, Third District
Jul 27, 2005
905 So. 2d 990 (Fla. Dist. Ct. App. 2005)

holding that because Apprendi does not apply retroactively, neither does Blakely

Summary of this case from Galindez v. State
Case details for

Hicks v. State

Case Details

Full title:Irwin HICKS, Jr., Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jul 27, 2005

Citations

905 So. 2d 990 (Fla. Dist. Ct. App. 2005)

Citing Cases

Hicks v. State

We first resolved this contention adversely to Hicks on his direct appeal in 2000, and we regularly have…

Galindez v. State

See Hughes v. State, 901 So.2d 837 (Fla. 2005). Presumably, neither does its offspring, Blakely. See, e.g.,…