MORA

v.

MCDONOUGH

Citator

Cited By

• Galindez v. State, 955 So. 2d 517 (Fla. 2007)
  …0), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), decided after the defendant’s conviction was final, apply to a subsequent resentencing. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.; Galindez v. State, 925 So. 2d 1030 (Fla.2006) (granting review). As we explain below, we find that any failure to apply Apprendi and Blakely in this case constitutes harmless error. Accordingly, we need not determine whether these Supreme Court cases apply in such resen-tencings and…
• Cutts v. State, 940 So. 2d 1246 (Fla. 2d DCA 2006)
  …rselves with the Third, Fourth, and Fifth District Courts of Appeal. See Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006); Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005); Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005), review granted, 925 So. 2d 1030 (Fla.2006). We also agree with Judge Kahn’s observation in his dissent in Isaac that the Florida Supreme Court’s “focus on finality of the conviction is very important.” 911 So. 2d at 816 (Kahn, J., dissenting) (citing Hughes v. State, 901 So. 2d 83…
• Patricio Nino v. State, 937 So. 2d 756 (Fla. 3d DCA 2006)
  …iction relief under Heggs and was resentenced on August 31, 2000. This postconviction re-sentencing occurred after Apprendi had been announced.2 That fact makes no difference. See Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005), review granted, 925 So. 2d 1030 (Fla.2006). As we did in Galindez, we certify direct conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), review pending, No. SC05-2047 (Fla. filed Oct. 31, 2005). Affirmed. . The crime date was July 23, 1996. . The decision in Appre…