Clark v. State

Robbie CLARK, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 8, 2005.

District Court of Appeal of Florida · decided 2005-06-08

Cited by 2 later decisions — most recently May 2006

2 state decisions

Relies on Blakely v. Washington · 884 So. 2d 476 - McBride v. State · Westerheide v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-06-08

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¶1Robbie Clark, Jr., in proper person.

¶2 *293 Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

¶3Before COPE, GREEN, and SUAREZ, JJ.

¶4PER CURIAM.

¶5We affirm the trial court's denial of the appellant's Rule 3.800(a) motion made pursuant to Blakely v. Washington,542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision. See Burgal v. State,888 So.2d 702 (Fla. 3d DCA 2004); McBride v. State,884 So.2d 476, 478 (Fla. 4th DCA 2004).