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. StateOpinion
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.