¶1Irwin Hicks, in proper person.
¶2Charles J. Crist, Jr., Attorney General, for appellee.
¶3Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.
¶5Irwin Hicks appeals an order denying his motion for post-conviction relief. In 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,542 U.S. 296124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Those decisions are inapplicable to the defendant's case.
¶6We 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).
¶7Affirmed.