HARRY NEAL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Fleming, 61 So. 3d 399 (Fla. 2011)
  …final before the Supreme Court decisions issued and thus do not apply to any subsequent resentencings in such cases. See Cutts v. State, 940 So. 2d 1246, 1247 (Fla. 2d DCA 2006), quashed on other grounds, 976 So. 2d 579 (Fla.2008); Lester v. State, 923 So. 2d 596, 597 (Fla. 5th DCA 2006), quashed on other grounds, 976 So. 2d 577, 577 (Fla.2008); Hamilton v. State, 914 So. 2d 993, 994 (Fla. 4th DCA 2005), quashed on other grounds, 976 So. 2d 575, 576 (Fla.2008). C. Resolving the Conflict In holding that App…
• Lester v. State, 976 So. 2d 577 (Fla. 2008)
  …PER CURIAM. We have for review Lester v. State, 923 So. 2d 596 (Fla. 5th DCA 2006), in which the Fifth District Court of Appeal certified conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), notice to invoke discretionary jurisdiction filed, No. SC05-2047 (Fla. Oct.31, 2005). We have jurisdiction.…
• Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006)
  …ourt entered an order denying his rule 3.800(b)(2) motion, and the appeal then proceeded. The Florida Supreme Court has held that the decision in Apprendi is not retroactive. See Hughes v. State, 901 So. 2d 837 (Fla.2005); see also Lester v. State, 923 So. 2d 596 (Fla. 5th DCA 2006). Although Hughes held that Apprendi did not apply retroactively, it did not address the retro-activity of Blakely. However, the United States Eleventh Circuit Court of Appeals, along with the Second, Third, and Fourth District Co…