ISAC QUINCY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ISAC QUINCY BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
940 So. 2d 498
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the denial of Brown’s rule 3.800(a) motion to correct illegal sentence, wherein he seeks retroactive application of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). As we did in Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005), we certify conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), to the extent that the court applied Blakely retroactively.
GUNTHER, POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Atterbury v. State, 991 So. 2d 980 (Fla. 4th DCA 2008)…eal. The trial court denied Atterbury’s motion, and we affirmed finding Atterbury’s conviction in the 1997 case was not vacated even though the revocation of probation, adjudication of guilt, and prison sentence had been vacated. Atterbury v. State, 940 So. 2d 498 (Fla. 4th DCA 2006). We affirmed without prejudice for Atterbury to raise in a subsequent rule 3.800(a) motion, the issue of whether his probationary term ended within five years of committing the current offenses. Id. He then filed the current mot…
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Scott v. State, 958 So. 2d 544 (Fla. 4th DCA 2007)…ng it, Blakely. Appellant acknowledges that this court’s decisions in Garcia v. State, 914 So. 2d 29 (Fla. 4th DCA 2005), Hamilton v. State, 914 So. 2d 993 (Fla. 4th DCA 2005), Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005), and Brown v. State, 940 So. 2d 498 (Fla. 4th DCA 2006), are contrary to his position. We certified conflict in those cases with the First District Court of Appeal in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005). Appellant urges this court to reconsider those decisions or certif…
Authorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005)