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Johnson v. State

District Court of Appeal of Florida, Third District

Apr 13, 2005

898 So. 2d 952 (Fla. Dist. Ct. App. 2005)

Summary

affirming denial of rule 3.850 motion for postconviction relief and denying motion for rehearing

Summary of this case from Johnson v. State

No. 3D04-2840.

April 13, 2005.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Ivan F. Fernandez, Judge.

Antonio Johnson, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before RAMIREZ, WELLS, and SHEPHERD, JJ.

Affirmed.

PER CURIAM.

The motion for rehearing is denied. See McBride v. State, 884 So.2d 476 (Fla. 4th DCA 2004) (relying on In re Dean, 375 F.3d 1287, 1290 (11th Cir. 2004) to hold that Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively).