Harris v. State

ON MOTION FOR REHEARING/CLARIFICATION

RAMIREZ, J.

Appellant’s motion for rehearing is denied, but clarification is granted. We withdraw the prior opinion issued on April 6, 2005, and issue the following clarified opinion in its place.

Maurice Harris appeals the denial of his motion for post-conviction relief. We affirm the order denying postconviction relief because he never appealed his resen-tence, and the holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactive.

Harris was charged with attempted first degree murder with a firearm (Count I) and…