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Lee v. State

District Court of Appeal of Florida, Third District
Apr 1, 2005
895 So. 2d 1240 (Fla. Dist. Ct. App. 2005)

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. State

Opinion

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.


Summaries of

Lee v. State

District Court of Appeal of Florida, Third District
Apr 1, 2005
895 So. 2d 1240 (Fla. Dist. Ct. App. 2005)

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. State
Case details for

Lee v. State

Case Details

Full title:Jontal LEE, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 1, 2005

Citations

895 So. 2d 1240 (Fla. Dist. Ct. App. 2005)

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