Dirk v. State

District Court of Appeal of Florida

Dirk v. State

969 So. 2d 1170, 2007 Fla. App. LEXIS 18799, 32 Fla. L. Weekly Fed. D 2853

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 2007

DocketNo. 5D06-3770

StatusPublished

Cited by1 cases

This text of 969 So. 2d 1170 (Dirk v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dirk v. State, 969 So. 2d 1170, 2007 Fla. App. LEXIS 18799, 32 Fla. L. Weekly Fed. D 2853 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

This court has previously held that the United States Supreme Court decisions in 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 [1171]*1171S.Ct. 2531, 159 L.Ed.2d 403 (2004) do not apply retroactively in those cases in which the convictions became final prior to the Apprendi decision, even though resentencing occurred post-Apprendi See Rouse v. State, 965 So.2d 201 (Fla. 5th DCA 2007); Langford v. State, 929 So.2d 598 (Fla. 5th DCA 2006). As we did in Langford, we certify conflict with Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005).

AFFIRMED; CONFLICT CERTIFIED.

SAWAYA, TORPY and EVANDER, JJ., concur.

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PER CURIAM.

This court has previously held that the United States Supreme Court decisions in 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 [1171]*1171S.Ct. 2531, 159 L.Ed.2d 403 (2004) do not apply retroactively in those cases in which the convictions became final prior to the Apprendi decision, even though resentencing occurred post-Apprendi See Rouse v. State, 965 So.2d 201 (Fla. 5th DCA 2007); Langford v. State, 929 So.2d 598 (Fla. 5th DCA 2006). As we did in Langford, we certify conflict with Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005).

AFFIRMED; CONFLICT CERTIFIED.

SAWAYA, TORPY and EVANDER, JJ., concur.

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969 So. 2d 1170, 2007 Fla. App. LEXIS 18799, 32 Fla. L. Weekly Fed. D 2853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dirk-v-state-fladistctapp-2007.

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