JEROME LAMAR SMITH
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-09-24
No. 2025-2245
Brinkley, J., Gordo, J., Bokor, J., Gooden, J.
2026 FL 12452 Florida District Court of Appeal, Third District (2026)

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Holding

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.


Headnotes

[1] A new constitutional rule of criminal procedure announced in Blakely v. …

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Key Quotes

“[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)

Facts & Procedural History

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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Opinion of the Court

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.").


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