Hamilton v. State

914 So.2d 993 (2005)

Jason HAMILTON, Appellant,

v.

STATE of Florida, Appellee.

No. 4D05-664.

District Court of Appeal of Florida, Fourth District.

October 12, 2005.

Rehearing Denied December 14, 2005.

Jason Hamilton, South Bay, pro se.

No appearance required for appellee.

KLEIN, J.

Appellant seeks review of an order denying post-conviction relief arguing that his sentence is illegal under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We affirm because Apprendi is not retroactive and certify conflict.

Procedurally, appellant is in the same situation as was the defendant in…