GARY M. DIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY M. DIRK, APPELLANT,
STATE OF FLORIDA, APPELLEE
969 So. 2d 1170
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This court has previously held that the United States Supreme Court decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) do not apply retroactively in those cases in which the convictions became final prior to the Apprendi decision, even though resentencing occurred post-Apprendi See Rouse v. State, 965 So. 2d 201 (Fla. 5th DCA 2007); Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006). As we did in Langford, we certify conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005).
AFFIRMED; CONFLICT CERTIFIED.
SAWAYA, TORPY and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dirk v. State, 84 So. 3d 203 (Fla. 2012)…PER CURIAM. We have for review Dirk v. State, 969 So. 2d 1170 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005). We have jurisdiction. See art. V, § (3)(b)(4), Fla. Const. We stayed proceedings in this case pending disp…
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Denson v. State, 929 So. 2d 598 (Fla. 3d DCA 2006)
- Rouse v. State, 965 So. 2d 201 (Fla. 5th DCA 2007)