YVETTE WILLIAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005)
  …l sentencing under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We have held 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,…
• Cortes v. State, 920 So. 2d 680 (Fla. 3d DCA 2006)
  …active”); Behl v. State, 898 So. 2d 217, 221, 222 n. 5 (Fla. 2d DCA 2005) (confirming that while both Blakely and Booker apply to criminal cases pending on direct review, they do not apply retroactively to cases on collateral review); Paul v. State, 898 So. 2d 1128, 1128 (Fla. 4th DCA 2005) (citing Booker for the proposition that application of the principles enunciated in Blakely and Apprendi “would apply to all cases on direct review”). We do not address Cortes’ Heggs1 challenge for two reasons. First, he m…

Authorities Cited

• Drayton v. State, 786 So. 2d 1196 (Fla. 2d DCA 2001)
• Smith v. State, 782 So. 2d 947 (Fla. 4th DCA 2001)
• Christopher v. State, 792 So. 2d 587 (Fla. 5th DCA 2001)