Scott v. State

Appellant, Simon Scott, seeks review of the trial court’s sentencing order. The court’s original sentence was vacated, and appellant was resentenced after the decisions in 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), were rendered. At resentencing, the trial court found that appellant was not entitled to be sentenced under the holdings in Apprendi and the case clarifying it, Blakely.

Appellant acknowledges that this court’s decisions in Garcia v. State, 914 So.2d 29 (Fla. 4th DCA…