JUAN CARLOS BURGAL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (40 total)

• Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005)
  …d previously that the decision does not apply retroactively. See McBride v. State, 884 So .2d 476 (Fla. 4th DCA 2004); see also Paul v. State, 898 So. 2d 1128 (Fla. 4th DCA 2005); Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004). The Supreme Court of Florida held in Hughes v. State, 901 So. 2d 837 (Fla.2005), that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), did not apply retroactively. It did not address the retroactivity…
• In re Commitment OF Stephen Allen. Stephen Allen v. State, 927 So. 2d 1070 (Fla. 2d DCA 2006)
  …llen had the burden to prove that there was probable cause to believe that his condition had changed. We have, found only one case addressing the burden of proof required at the probable cause hearing under settion 394.918. In Westerheide v. State, 888 So. 2d 702, 705 (Fla. 5th DCA 2004), the Fifth District noted that the Florida Legislature directed that civil commitment procéedings under this chapter are to be conducted according to the Florida Rules of Civil Procedure unless otherwise specified.2 See § 39…
• Garcia v. State, 914 So. 2d 29 (Fla. 4th DCA 2005)
  …nce of the evidence violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). [*30] The trial court did not err in summarily denying Garcia’s motion. Blakely has been held not to apply retroactively. See Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). Although Garcia was resentenced under Heggs, and post-Blakely, his conviction became final in 1998, long before both Apprendi and Blakely. To the extent the majority opin…

Authorities Cited

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