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891 So. 2d 1197

Jerome v. State

District Court of Appeal of Florida

Decided February 2, 2005

District Court of Appeal of Florida · decided 2005-02-02

Cited by 2 later decisions — most recently July 2011

2 state decisions

Relies on Blakely v. Washington · DEPARTMENT OF HIGHWAY SAFETY v. McClane

Good law ✅— No negative treatment on recordhow we know

Decided 2005-02-02

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PER CURIAM.

¶1Appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) was properly denied. As we recently reiterated in Matthews v. State, 891 So.2d 596 (Fla. 3d DCA 2004), Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively to motions for post-conviction relief. Defendants whose convictions became final prior to June 24, 2004 (the date Blakelywas decided) may therefore not seek Rule 3.800 relief pursuant to Blakely. Appellant was convicted in June 1995 and his conviction become final on appeal in September 1996 — long before Blakelywas decided. Blakelyis inapplicable to this defendant.

¶2Affirmed.

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