TODD C. HUGHES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Blakely V. Washington cases and more on FLexlaw
PER CURIAM.
Affirmed. See Milks v. State, 894 So. 2d 924 (Fla.2005), cert. denied, - U.S. -, 126 S.Ct. 368, 163 L.Ed.2d 86 (2005); Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004), review denied, 914 So. 2d 952 (Fla. 2005); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Butler v. State, 923 So. 2d 566 (Fla. 4th DCA 2006); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001).
Contrary to the holding of this court in Burrows, the First District in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), on collateral review applied the United States Supreme Court decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), retroactively to a sentence that became final before the issuance of the Blakely opinion.
As this court did in Barron v. State, 931 So. 2d 929 (Fla. 2d DCA 2006), we certify direct conflict with Isaac.
Affirmed; conflict certified.
ALTENBERND, CASANUEVA, and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dadds v. State, 946 So. 2d 1129 (Fla. 2d DCA 2006)…this cost as “an additional surcharge” to “any fine prescribed by law.” Because the $500 fine discussed above was not properly imposed, the trial court could not impose the additional $20 surcharge under section 938.06. See, e.g., Kimball v. State, 933 So. 2d 1285, 1287 (Fla. 2d DCA 2006); Lang v. State, 856 So. 2d 1105, 1106 (Fla. 1st DCA 2003). This cost must be stricken. Kimball, 933 So. 2d at 1287. Finally, Mr. Dadds argues that the trial court failed to pronounce the statutory basis for the imposition…
-
Cutts v. State, 940 So. 2d 1246 (Fla. 2d DCA 2006)…. 1st DCA 2005), in support of his contention. As Mr. Cutts acknowledges, however, this court has held that Blakely is not to be retroactively applied on collateral review to convictions that became final before Blakely was decided. Hughes v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006); Burrows v. State, 890 So. 2d 286, 287 (Fla. 2d DCA 2004), review denied, 914 So. 2d 952 (Fla.2005). In so holding, we have aligned ourselves with the Third, Fourth, and Fifth District Courts of Appeal. See Langford v. State, 929…
-
Cutwright v. State, 934 So. 2d 667 (Fla. 2d DCA 2006)…for purposes of imposing the cost in this case. This court has also held that the cost can be imposed pursuant to section 938.15 for violations of a state statute as well as for violations of a county or municipal ordinance. See Kimball v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006). Consequently, we reject Cutwright’s challenge on that basis and affirm the imposition of this cost. [*669] Affirmed in part; reversed in part; remanded with instructions. FULMER, C.J., and DAVIS, J., Concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Milks v. State, 894 So. 2d 924 (Fla. 2005)
- Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001)
- Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001)
- Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004)
- Burrows v. State, 914 So. 2d 952 (Fla. 2005)
- Barron v. State, 931 So. 2d 929 (Fla. 2d DCA 2006)
- Greenler v. State, 923 So. 2d 566 (Fla. 1st DCA 2006)
- Butler v. State, 923 So. 2d 566 (Fla. 4th DCA 2006)