State v. McGriff

Supreme Court of Florida

State v. McGriff

70 So. 3d 558, 36 Fla. L. Weekly Supp. 486, 2011 Fla. LEXIS 1970, 2011 WL 3715033

CourtSupreme Court of Florida

DecidedAugust 25, 2011

DocketSC07-436

StatusPublished

This text of 70 So. 3d 558 (State v. McGriff) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McGriff, 70 So. 3d 558, 36 Fla. L. Weekly Supp. 486, 2011 Fla. LEXIS 1970, 2011 WL 3715033 (Fla. 2011).

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Opinion

PER CURIAM.

We previously granted review of McGriff v. State, — So.3d-, 2007 WL 516148 (Fla. 1st DCA 2007), to resolve a certified conflict in the district courts regarding the applicability of 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), to resentencing proceedings which became final after Ap-prendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const.; State v. McGriff, 4 So.3d 677 (Fla.2009) (granting review). We resolved this conflict, however, in State v. Fleming, 61 So.3d 399 (Fla.2011). Accordingly, we have determined to discharge jurisdiction in McGriff and dismiss this review proceeding.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. POLSTON, J., recused.

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PER CURIAM.

We previously granted review of McGriff v. State, — So.3d-, 2007 WL 516148 (Fla. 1st DCA 2007), to resolve a certified conflict in the district courts regarding the applicability of 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), to resentencing proceedings which became final after Ap-prendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const.; State v. McGriff, 4 So.3d 677 (Fla.2009) (granting review). We resolved this conflict, however, in State v. Fleming, 61 So.3d 399 (Fla.2011). Accordingly, we have determined to discharge jurisdiction in McGriff and dismiss this review proceeding.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. POLSTON, J., recused.

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Bluebook (online)

70 So. 3d 558, 36 Fla. L. Weekly Supp. 486, 2011 Fla. LEXIS 1970, 2011 WL 3715033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcgriff-fla-2011.

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