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Williams v. State

District Court of Appeal of Florida, Third District
Dec 15, 2004
888 So. 2d 755 (Fla. Dist. Ct. App. 2004)

Summary

holding that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, "does not apply retroactively to cases on collateral review."

Summary of this case from Clark v. State

Opinion

No. 3D04-2654.

December 15, 2004.

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

Charles Williams, in proper person.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before LEVY, GODERICH, and GREEN, JJ.


We affirm the lower court's denial of appellant's motion to correct illegal sentence pursuant to Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). As we recently held in Burgal v. State, No. 3D03-3016, 888 So.2d 702, 2004 WL 2601148 (Fla. 3d DCA Nov. 17, 2004), Blakely does not apply retroactively to cases on collateral review.

Affirmed.


Summaries of

Williams v. State

District Court of Appeal of Florida, Third District
Dec 15, 2004
888 So. 2d 755 (Fla. Dist. Ct. App. 2004)

holding that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, "does not apply retroactively to cases on collateral review."

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

Williams v. State

Case Details

Full title:Charles WILLIAMS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 15, 2004

Citations

888 So. 2d 755 (Fla. Dist. Ct. App. 2004)

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PER CURIAM. Affirmed. Williams v. State, 888 So.2d 755 (Fla. 3d DCA 2004); Burgal v. State, 888 So.2d 702…

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