Jerome v. State

District Court of Appeal of Florida

Jerome v. State

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 2005

DocketNo. 3D04-2998

StatusPublished

Cited by2 cases

This text of 891 So. 2d 1197 (Jerome 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.

Bluebook

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

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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.

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Bluebook (online)

891 So. 2d 1197, 2005 Fla. App. LEXIS 957, 2005 WL 236016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerome-v-state-fladistctapp-2005.

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