ROBBIE CLARK, JR., APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fernandez v. State, 910 So. 2d 352 (Fla. 3d DCA 2005)
  …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, we affirm. See Clark v. State, 903 So. 2d 292, 293 (Fla. 3d DCA 2005); Reed v. State, 898 So. 2d 1204 (Fla. 3d DCA 2005); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). We do not address the appellant’s claim that his sentence was…
• Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006)
  …375 F. 3d 1287 (11th Cir.2004) (stating that “[rjegardless of whether Blakely established a ‘new rule of constitutional law’ ... the Supreme Court has not expressly declared Blakely to be retroactive to cases on collateral review”); Clark v. State, 903 So. 2d 292, 293 (Fla. 3d DCA 2005) (holding that Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision); Burrows v. State, 890 So. 2d 286, 286-87 (Fla. 2d DCA 2004) (holding that Apprendi and Bl…

Authorities Cited

• Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
• McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
• Westerheide v. State, 888 So. 2d 702 (Fla. 5th DCA 2004)
• Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004)