Lee v. State

Jontal LEE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 2, 2005.

Rehearing Denied April 1, 2005.

District Court of Appeal of Florida · decided 2005-03-02

Relies on Blakely v. Washington · Westerheide v. State · Williams v. State

Decided 2005-03-02

¶1John H. Lipinski, for appellant.

¶2Charles J. Crist, Jr., Attorney General, for appellee.

¶3Before COPE, CORTINAS and ROTHENBERG, JJ.

¶4PER CURIAM.

¶5Jontal 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.

¶6Affirmed.