JONTAL LEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-03-02
No. 3D05-213
Before COPE, CORTINAS and ROTHENBERG, JJ.
895 So. 2d 1240 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Jontal Lee appeals an order denying his motions to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and for postconviction relief under Florida Rule of Criminal Procedure 3.850. The United States Supreme Court’s decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is not retroactive to cases on collateral review. See Jerome v. State, 891 So. 2d 1197 (Fla. 3d DCA 2005); Williams v. State, 888 So. 2d 755 (Fla. 3d DCA 2004); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004). The remaining point is time-barred and procedurally barred.

Affirmed.

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  • Montenegro v. State, 905 So. 2d 988 (Fla. 3d DCA 2005)
    …PER CURIAM. Gisi v. State, 848 So. 2d 1278, 1282 (Fla. 2d DCA 2003) (Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactive); Lee v. State, 895 So. 2d 1240 (Fla. 3d DCA 2005) (Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is not retroactive). Affirmed.…
  • Mandri v. State (Fla. 3d DCA 2020)
    …PER CURIAM. Affirmed. See Mandri v. State, 995 So. 2d 505 (Fla. 3d DCA 2008). See also Lee v. State, 895 So. 2d 1240 (Fla. 3d DCA 2005) (holding that the decision in Blakely v. Washington, 542 U.S. 296 (2004) is not retroactively applicable to cases on collateral review); Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007) (recognizing that a successful collateral…

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