Jerome v. State

District Court of Appeal of Florida

Jerome v. State

891 So. 2d 1197, 2005 Fla. App. LEXIS 957, 2005 WL 236016

District Court of Appeal of Florida·Decided February 2, 2005·No. No. 3D04-2998·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) was properly denied. As we recently reiterated in Matthews v. State, 891 So.2d 596 (Fla. 3d DCA 2004), Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively to motions for post-conviction relief. Defendants whose convictions became final prior to June 24, 2004 (the date Blakely was decided) may therefore not seek Rule 3.800 relief pursuant to Blakely. Appellant was convicted in June 1995 and his conviction become final on appeal in September 1996 — long before Blakely was decided. Blakely is inapplicable to this defendant.

Affirmed.

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PER CURIAM.

Appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) was properly denied. As we recently reiterated in Matthews v. State, 891 So.2d 596 (Fla. 3d DCA 2004), Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively to motions for post-conviction relief. Defendants whose convictions became final prior to June 24, 2004 (the date Blakely was decided) may therefore not seek Rule 3.800 relief pursuant to Blakely. Appellant was convicted in June 1995 and his conviction become final on appeal in September 1996 — long before Blakely was decided. Blakely is inapplicable to this defendant.

Affirmed.

Jerome v. State, 891 So. 2d 1197, 2005 Fla. App. LEXIS 957, 2005 WL 236016 (Fla. Ct. App. 2005).

Pincite

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Opinion

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