Legal Opinion
State v. Febles
Court of Appeals of Arizona
Decided July 5, 2005No. 1 CA-CR 03-0827 PRPCPublishedCited by 26 opinions
1Opinion of the Court
OPINION
OROZCO, Judge.
¶ 1 In this opinion, we hold that the United States Supreme Court’s opinion in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), does not apply retroactively to cases on collateral review whether such cases were final before or after Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), was decided. We also hold that defendant’s appellate counsel was not ineffective for failing to raise an Apprendi claim on direct appeal.
PROCEDURAL BACKGROUND
¶ 2 In August of 2000, after a jury trial, petitioner Orlando Cain Febles was…
2Cases cited77 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Jones v. BarnesSupreme Court of the United States · 1983
- Teague v. LaneSupreme Court of the United States · 1989
72 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. PobleteCourt of Appeals of Arizona · 2011
- People v. WenzingerColorado Court of Appeals · 2006
- State v. WardCourt of Appeals of Arizona · 2005
- Smith v. StateCourt of Appeals of Mississippi · 2006
- State v. SimpsonCourt of Appeals of North Carolina · 2006
21 more not listed; retrieve them via the Exa API.