Public-domain · open source
OpenJurist

940 So. 2d 1168

Schneider v. State

District Court of Appeal of Florida

Decided September 8, 2006

District Court of Appeal of Florida · decided 2006-09-08

Cited by 2 later decisions — most recently December 2007

2 state decisions

Relies on Blakely v. Washington · 911 So. 2d 813 - Isaac v. State · Caraballo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-09-08

View the full empirical analysis of this case →

PER CURIAM.

¶1Affirmed. See Hoover v. State, 530 So.2d 308 (Fla.1988); Burrows v. State, 890 So.2d 286 (Fla. 2d DCA 2004), review denied, 914 So.2d 952 (Fla.2005); Campbell v. State, 884 So.2d 190 (Fla. 2d DCA 2004); Diaz v. State, 810 So.2d 1023 (Fla. 2d DCA 2002); Caraballo v. State, 805 So.2d 882 (Fla. 2d DCA 2001); Schneider v. State, 788 So.2d 1073 (Fla. 2d DCA 2001); Villavicencio v. State, 719 So.2d 322 (Fla. 3d DCA 1998).

¶2Contrary to the holding of this court in Burrows, the First District in Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005), on collateral review applied the United States Supreme Court decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), retroactively to a sentence that became final before the issuance of the Blakely opinion.

¶3As this court did in Hughes v. State, 933 So.2d 1285 (Fla. 2d DCA 2006), we certify direct conflict with Isaac.

¶4Affirmed; conflict certified.

DAVIS, KELLY, and LaROSE, JJ., concur.
/940/so2d/1168 · .json · Public domain