Public-domain · open source
OpenJurist

898 So. 2d 1185

Docket No. 3D05-335.

Orange v. State

Rudolph V. ORANGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2005-04-06

Relies on Apprendi v. New Jersey · Blakely v. Washington · 884 So. 2d 476 - McBride v. State

Decided 2005-04-06

¶1Rudolph V. Orange, in proper person.

¶2Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

¶3Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

¶4CORTIÑAS, J.

¶5Rudolph V. Orange appeals an order denying his motion to correct illegal sentence. Defendant-appellant was sentenced to thirty years in state prison, with a fifteen year minimum mandatory sentence, for drug trafficking.

¶6In this post-conviction motion, the defendant asserts that his sentence is impermissible under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Those decisions are inapplicable to the defendant's case.

¶7We have held that the decision in Blakely is not retroactive. Burgal v. State, 888 So.2d 702 (Fla. 3d DCA 2004); see McBride v. State, 884 So.2d 476, 478 (Fla. 4th DCA 2004). Likewise, we have held that Apprendi is not retroactive. Modest v. State, 892 So.2d 566 (Fla. 3d DCA 2005).

¶8Affirmed.

/898/so2d/1185 · .json · Public domain