Boardman v. State

ALTENBERND, Judge.

David L. Boardman appeals an order summarily denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 8.800(a). In his motion, he alleged that the trial court violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), when it resentenced him after this court determined that his original sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, concluding that these cases did…