HOOVER REED, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-04-13
No. 3D05-448
Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.
898 So. 2d 1204 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 4 cases
Opinion of the Court
CORTIÑAS, Judge.

CORTIÑAS, Judge.

Hoover Reed appeals an order denying his motion to correct illegal sentence. The defendant-appellant was sentenced to thirty years in state prison as a habitual offender. In this post-conviction motion, the defendant asserts that his sentence is impermissible under Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). That decision is inapplicable to the defendant’s case as we have previously held that the decision in Blakely is not retroactive. Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); see McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Fernandez v. State, 910 So. 2d 352 (Fla. 3d DCA 2005)
    ….Ct. 2531, 159 L.Ed.2d 403 (2004). Because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision, we affirm. See Clark v. State, 903 So. 2d 292, 293 (Fla. 3d DCA 2005); Reed v. State, 898 So. 2d 1204 (Fla. 3d DCA 2005); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). We do not address the appellant’s claim that his sentence was disproportionate because such a claim is not cognizable…
  • Morrison v. State, 932 So. 2d 533 (Fla. 3d DCA 2006)
    …convictions and sentences became final on direct appeal in 1999. See Morrison v. State, 731 So. 2d 864 (Fla. 3d DCA 1999). The decisions in Apprendi and Blakely are not retroactive. See Hughes v. State, 901 So. 2d 837, 838 (Fla.2005); Reed v. State, 898 So. 2d 1204, 1205 (Fla. 3d DCA 2005). The more substantial issue is the defendant’s claim to entitlement to resentencing under Heggs v. State, 759 So. 2d 620 (Fla.2000). The State concedes the defendant is entitled to relief and we agree. The defendant was co…

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