Kleppinger v. State

CASANUEVA, Judge.

In 2006, Jireh Kleppinger moved, pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct an allegedly illegal departure sentence that the trial court imposed in 1997 for crimes he committed in 1996. He argues that the sentence imposed was in violation of 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); on an alternative ground, he added an argument for similar relief based on Graham v, Florida, — U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). The…