DAVID JEROME, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID JEROME, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
891 So. 2d 1197
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) was properly denied. As we recently reiterated in Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004), Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively to motions for post-conviction relief. Defendants whose convictions became final prior to June 24, 2004 (the date Blakely was decided) may therefore not seek Rule 3.800 relief pursuant to Blakely. Appellant was convicted in June 1995 and his conviction become final on appeal in September 1996 — long before Blakely was decided. Blakely is inapplicable to this defendant.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jontal LEE v. State, 895 So. 2d 1240 (Fla. 3d DCA 2005)…tion relief under Florida Rule of Criminal Procedure 3.850. The United States Supreme Court’s decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is not retroactive to cases on collateral review. See Jerome v. State, 891 So. 2d 1197 (Fla. 3d DCA 2005); Williams v. State, 888 So. 2d 755 (Fla. 3d DCA 2004); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004). The remaining point is time-barred and procedurally barred. Affirmed.…
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Jerome v. State, 99 So. 3d 529 (Fla. 3d DCA 2011)…ections may withhold or forfeit a prisoner’s gain time). Affirmed. . See Jerome v. State, 13 So. 3d 1065 (Fla. 3d DCA 2009); Jerome v. State, 3 So. 3d 1262 (Fla. 3d DCA 2009); Jerome v. State, 980 So. 2d 505 (Fla. 3d DCA 2008); Jerome v. State, 891 So. 2d 1197 (Fla. 3d DCA 2005); Jerome v. State, 810 So. 2d 951 (Fla. 3d DCA 2002); Jerome v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999).…
Authorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Dep't of Hwy. Safety & Motor Vehicles v. Jefferson McCLANE, 891 So. 2d 596 (Fla. 5th DCA 2004)
- Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004)