JEROME LAMAR SMITH
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A new constitutional rule announced in Blakely v. Washington does not apply retroactively to sentences or resentences that were final when the rule was issued.
[1] A new constitutional rule of criminal procedure announced in Blakely v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[W]e conclude that the new constitutional rule announced in Blakely [v. Washington, 542 U.S. 296 (2004),] does not apply retroactively to sentences or resentences that were final when it issued.”
The court's rationale for affirming, citing State v. Johnson, 122 So. 3d 856, 866 (Fla. 2013)
Jerome Lamar Smith appealed from a judgment in Miami-Dade County Circuit Court. The appeal involved the retroactive application of a constitutional se…
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Third District Court of Appeal
State of Florida
Opinion filed September 24, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2245 Lower Tribunal No. F96-26739B
Jerome Lamar Smith, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge.
Jerome Lamar Smith, in proper person.
James Uthmeier, Attorney General, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
Affirmed. See State v. Johnson, 122 So. 3d 856, 866 (Fla. 2013) (“[W]e conclude that the new constitutional rule announced in Blakely [v. Washington, 542 U.S. 296 (2004),] does not apply retroactively to sentences or resentences that were final when it issued.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- State v. Sirron Johnson, 122 So. 3d 856 (Fla. 2013)