WILLIAM E. MATTHEWS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We deny William E. Matthews’ petition for writ of mandamus, through which he seeks to compel the trial court to correct his habitual offender sentence, pursuant to Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We note first that Blakely does not apply retroactively to cases on collateral appeal. In re Dean, 375 F. 3d 1287, 1290 (11th Cir.2004)(“Regardless whether Blakely established a ‘new rule of constitutional law’ ... the Supreme Court has not expressly declared Blakely to be retroactive to cases on collateral appeal.”). See also McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004). Further, Matthews’ general assertion that the habitual offender statute is illegal under Blakely and that he should have been given a guidelines sentence is incorrect. Blakely does not declare habitual offender sentencing illegal, and because Matthews was legally sentenced as an habitual offender the sentencing guidelines are inapplicable.
Petition denied.
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Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)…the requirements of Apprendi and Blakely because the enhancements are based solely on prior convictions. See, e.g., Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005); Grant v. State, 815 So. 2d 667, 668 n. 3 (Fla. 2d DCA 2002); Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004); Frumenti v. State, 885 So. 2d 924 (Fla. 5th DCA 2004); McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004); Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003); Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001); Soldo v. State,…
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Dep't of Hwy. Safety & Motor Vehicles v. Roberts, 938 So. 2d 513 (Fla. 5th DCA 2006)…002). The circuit court misapplied the law by concluding that the officer failed to establish jurisdiction when the affidavit clearly alleged jurisdiction. Swegheimer, 847 So. 2d at 546; see also Dep’t of Highway Safety & Motor Vehicles v. McClane, 891 So. 2d 596 (Fla. 5th DCA 2004); Dep’t of Highway Safety v. Dean, 662 So. 2d 371 (Fla. 5th DCA 1995). I also believe that the errors contained in the circuit court’s written opinion are “capable of repetition in other cases,” thereby depriving the Department o…
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Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005)…eparture sentences based on facts and cir [*634] cumstances surrounding the charged crimes. Id. at 2527-38. But that is not the circumstance here. Tillman was legally sentenced as a habitual offender, not under the guidelines. See Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004). Nothing in Blakely casts doubt on the numerous Florida decisions holding that Apprendi does not apply to a determination that a defendant has previous felony convictions that qualify him for a habitual offender sentence. See Gr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
- In re Will C. Dean, Jr., 375 F.3d 1287 (11th Cir. 2004)