Summary
holding that the decision in Blakely v. Washington, 542 U.S. 296 is not retroactively applicable to cases on collateral review
Summary of this case from Mandri v. StateOpinion
No. 3D05-213.
March 2, 2005. Rehearing Denied April 1, 2005.
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.
John H. Lipinski, for appellant.
Charles J. Crist, Jr., Attorney General, for appellee.
Before COPE, CORTINAS and ROTHENBERG, JJ.
Jontal Lee appeals an order denying his motions to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and for postconviction relief under Florida Rule of Criminal Procedure 3.850. The United States Supreme Court's decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is not retroactive to cases on collateral review. See Jerome v. State, 891 So.2d 1197 (Fla. 3d DCA 2005); Williams v. State, 888 So.2d 755 (Fla. 3d DCA 2004); Burgal v. State, 888 So.2d 702 (Fla. 3d DCA 2004). The remaining point is time-barred and procedurally barred.
Affirmed.