Legal Opinion

Burgal v. State

District Court of Appeal of Florida

Decided November 17, 2004No. 3D03-3016PublishedCited by 31 opinions

1Opinion of the Court

888 So.2d 702 (2004)

Juan Carlos BURGAL, Appellant,

v.

The STATE of Florida, Appellee.

No. 3D03-3016.

District Court of Appeal of Florida, Third District.

November 17, 2004.

Rehearing Denied December 17, 2004.

Juan Carlos Burgal, in proper person.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before GREEN, FLETCHER and RAMIREZ, JJ.

2Per curiam

Affirmed. Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively to cases on collateral review. See McBride v. State, 884 So.2d 476 (Fla. 4th DCA 2004).

3Cases cited3 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. McBride v. StateDistrict Court of Appeal of Florida · 2004
  3. Westerheide v. StateDistrict Court of Appeal of Florida · 2004

4Cited by31 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 2005
  2. Westerheide v. StateDistrict Court of Appeal of Florida · 2004
  3. Modest v. StateDistrict Court of Appeal of Florida · 2005
  4. Garcia v. StateDistrict Court of Appeal of Florida · 2005
  5. Williams v. StateDistrict Court of Appeal of Florida · 2004

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