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Orange v. State

District Court of Appeal of Florida, Third District
Apr 6, 2005
898 So. 2d 1185 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-335.

April 6, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge.

Rudolph V. Orange, in proper person.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


Rudolph V. Orange appeals an order denying his motion to correct illegal sentence. Defendant-appellant was sentenced to thirty years in state prison, with a fifteen year minimum mandatory sentence, for drug trafficking.

In this post-conviction motion, the defendant asserts that his sentence is impermissible under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Those decisions are inapplicable to the defendant's case.

We have 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). Likewise, we have held that Apprendi is not retroactive. Modest v. State, 892 So.2d 566 (Fla. 3d DCA 2005).

Affirmed.


Summaries of

Orange v. State

District Court of Appeal of Florida, Third District
Apr 6, 2005
898 So. 2d 1185 (Fla. Dist. Ct. App. 2005)
Case details for

Orange v. State

Case Details

Full title:Rudolph V. ORANGE, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 6, 2005

Citations

898 So. 2d 1185 (Fla. Dist. Ct. App. 2005)

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